Research On The Legal Lssues Of Identifying New Unfair Competition Behavior On The Internet

The new unfair competition based on Internet technology has the characteristics of high technical means and strong concealment,which usually causes greater damage to the market than the traditional unfair competition.In order to deal with this problem,China’s Anti Unfair Competition Law added "Internet Clause" in 2017.However,this still cannot meet the needs of judicial practice.The main reason is that the research on the new type of Internet unfair competition is still in the initial stage of development in China.The relevant legal provisions and systems are not perfect,and there are many problems.In judicial practice,there are situations where industry practices and general terms are improperly utilized.On the one hand,industry practices are directly judged as business ethics,without distinguishing between business ethics and industry practices,and some industry practices that do not belong to business ethics are improperly included.On the other hand,judicial officials excessively cite general clauses when adjudicating cases,resulting in a long-term virtual state of "internet specific clauses".It should be noted that "those who have laws do not need them,and cannot be the same." In addition,courts often tend to understand competitive relationships based on individual cases and from the perspective of "user and operator interests",lacking a unified determination standard,however,this understanding will inevitably have certain limitations.There is also the imbalance of standards to determine whether it is a new type of unfair competition on the Internet,which ignores the basic competition rules of the free market of the survival of the fittest and overestimates the interests of competitors.In order to address these issues and improve the application path of industry practices,it is necessary to correctly identify what industry practices are from aspects such as duration,and accurately evaluate what conditions industry practices need to possess as business ethics.Clarify the conditions for the application of the bottom line provisions that regulate new types of unfair competition on the Internet,strictly abide by the order of application of special provisions and general provisions stipulated in the legislative law,and avoid the occurrence of virtual legal provisions.Determine the significance of competitive relationships and use competitive interests as the criteria for determining competitive relationships.And we should abandon the principle of "non essential non interference" and fully leverage the role of the principle of "balancing diverse interests",it is necessary to coordinate the interests of all parties in a just,fair and effective way to achieve the balance of multiple stakeholders.At present,the third revision of the Anti-Unfair Competition Law has begun.Studying this issue can guide the application of the "Internet Clause" before the new law takes effect,and put forward relevant suggestions for the improvement of the new law,so as to promote the research on the legal identification of new unfair competition in the Internet and promote the sound development of the Internet economy.