Research On Anti-unfair Competition Laws And Regulations Of Traffic Hijacking

With the increasingly prominent role of "Internet +" in economic life,unfair competition behaviors emerge one after another,which not only damages the legitimate rights and interests of consumers and operators,but also has a negative impact on the fair and honest competition order and business environment of the Internet.The status of traffic in the Internet is self-evident.Internet companies generally compete for traffic.Once the competition exceeds a reasonable boundary,it will lead to unfair competition of traffic hijacking.When it is regulated from the perspective of anti-unfair competition,it will face three theoretical and practical problems: first,how to define "public welfare" based on the "principle of non-public welfare necessity and non-interference" created by practice;The characteristics of the principle clauses of Article 2 of the Anti-Unfair Competition Law,and how to avoid improper application of the law;third,how to improve the legal interpretation of the text of Article 12 of the Anti-Unfair Competition Law.Faced with the above problems,the corresponding solutions are mainly to rationalize and improve the applicable rules.For the "principle of non-public welfare necessity and non-interference",the applicable boundaries should be accurately defined;for general clauses,the guidance of principle clauses should be improved;The Internet special article should clarify the connotation and extension of its legal interpretation.At the same time,when putting forward reasonable suggestions for improvement,it is necessary to fully consider the positive value of traffic hijacking behavior to consumers and the efficiency of market competition,and to punish malicious competition behaviors that seriously hinder competition,so as to maintain a clean air.Internet competition environment.