Research On Anti-Unfair Competition Laws And Regulations For Data Capture

Data has become an important development factor in the Internet era,the key to creating new growth points,and the driving force for the prosperity and development of the Internet economy.Data scraping itself is a neutral data acquisition technique and an important way to facilitate data flow.However,due to its low technical threshold and high efficiency,improper data capture will cause more serious damage to the data controlled by Internet enterprises and users’ personal data.Laws and regulations on data capture are widely distributed in civil code,competition law,copyright law and other legal departments in China.Due to the difficulty of data empowerment and the small scope of data that can meet the requirements of originality,the regulatory path of competition law is more in line with the characteristics of data capture.However,there are also shortcomings in the regulatory path of competition law.In the application of competition law in judicial practice,courts mainly judge based on general provisions and Internet articles.The problem with the application of general provisions is that the judgment standard is vague and the room for discretion is too large.The problem of the application of Internet special article is that the gap between the behavioral characteristics of data capture is too large,and the practical effect is poor.In addition to the application of relevant laws,in judicial practice,there are also problems in the court’s determination of competition,legitimacy of conduct and damages.In addition,the implementation of data processing rules is not in place,which also exposes the shortcomings of our country in the supervision of data capture.By comparing and analyzing the current legal regulations of extraterritorial data capture,this paper holds that the behavioral regulation path of competition law is more conducive to fully protecting data rights and interests and promoting data circulation innovation.Based on the legal regulation of data capture outside the region,this paper puts forward some suggestions to improve the regulation of competition law of data capture in China,including clarifying the application of the provisions of competition law,clarifying the judicial determination standard and strengthening the supervision of data capture.This paper is divided into five parts:The first part is introduction.Through the collation and induction of relevant literatures on data capture,the current research status in the field of data capture is understood.Combined with the background of the current era and the significance of data capture research,the research viewpoints and research methods of this paper are introduced.The second part,data capture related basic knowledge.This part introduces the basic concepts of data and data capture,discusses the dual nature of data capture as a neutral technology,and the possible harm caused by improper data capture.The third part is the necessity of regulating data capture in anti-unfair competition law.Laws and regulations related to data capture are introduced from the fields of civil code,competition law,copyright law and network law.It also discusses the shortcomings of the regulation of data capture in civil code,copyright law and network law,and shows the advantages of the regulation path of competition law.The fourth part,the current situation and existing problems of the judicial practice of data capture competition law regulation.Through the analysis of the typical cases of competition law regulation data capture,the problems of China’s competition law regulation are summarized as follows: general provisions are too broad,special provisions are not practical,competition relations are identified in advance,behavior boundaries are unclear and damage compensation is not perfect.The fifth part is the comparison and enlightenment of the legal regulations of extraterritorial data capture.This paper selects Japan,the United States and the European Union,which are relatively developed in the field of data governance outside the country,combs and analyzes the current situation of legal regulations on data grasping in three countries and regions,and finds out the experience worth learning for our country,including the choice of regulatory path and the optimization of regulatory methods.The sixth part is the suggestion of improving the regulation of data capture competition law.First,reasonable application of the relevant provisions of the competition law,including restrictions on the application of general provisions,and the addition of commercial data articles;The second is to clarify the judicial determination standards of data capture,including the determination of competition,the legitimacy of behavior,and the determination of damage compensation;The third is to strengthen the supervision of data capture,on the one hand,the combination of blocking and thinning,improve the efficiency of supervision,and on the other hand,guide the data industry to self-discipline.