Research On The Application Of General Provisions Of Anti Unfair Competition Law In The Field Of Internet

With the rise of Internet economy,various forms of unfair competition are emerging in the network market,judicial organs usually apply the general provisions of the anti unfair competition law.Although Article 12 of the Anti Unfair Competition Law revised in2017 sets up "Internet articles" through the provisions of "enumeration + generalization",and the "enumeration provisions" of Internet articles come from the induction and summary of judicial practice and solve most Internet unfair competition disputes when applicable,there are many deficiencies in the typed provisions.Therefore,the application of general terms is not abandoned because of the emergence of "Internet articles".However,in the application choice of general terms and "Internet articles",we should still maintain the attitude that specific terms take precedence over the application of general terms,otherwise in the long run,the "Internet articles" will be in vain.Moreover,the judgment of competition relationship is often ignored in judicial practice,but the judgment of competition relationship is the due meaning of the application of anti unfair competition law,and it also conforms to the internal logic of identifying unfair competition behavior.The determination of competitive relationship should be contained in the general terms,and the recognition standards in line with the characteristics of the Internet should be applied in this special field of the Internet.In addition,when the standard of "damage +violation of the principle of good faith and recognized business ethics" is applicable to Internet competition,the unique abstraction of business ethics and the judgment of business ethics are always limited to industry practices,which has become the resistance to the application of general terms.The Anti Unfair Competition Law of 2017 also revised the specific expression in Article 2.The transformation from "recognized business ethics" to "business ethics" shows that the judgment of business ethics plays an important role in the judgment of the legitimacy of specific competitive acts.It can not be equivalent to social ethics and ethics in daily life,but the economic ethics that brokers should follow.