Research On Judicial Regulation Path Of Data Unfair Competition

In the Internet era,data has become an important competitive resource for enterprises,and disputes involving unfair competition of data emerge in endlessly.The Anti unfair competition Law plays a vital role in data dispute resolution in the case that the data legal system is not perfect and the data ownership and data behavior rules have not yet formed a unified understanding.At the level of judicial adjudication,the court has conducted a relatively extensive exploration around the regulation of data unfair competition behavior,but there are many problems in the specific application.At the theoretical research level,the existing research mainly focuses on three aspects: the definition of data ownership,the classification of data types,and the specific identification of data unfair competition.However,there are also some shortcomings,such as the scattered perspective of relevant research,the need to strengthen the theoretical interpretation of research,the empirical nature of research approach is worth improving,and the lack of timely follow-up to the dynamic revision of relevant domestic laws.Based on the above considerations,it is necessary to conduct further in-depth research on the optimization path of judicial regulation of data unfair competition behavior on the basis of combing existing theoretical research results and summarizing relevant judicial practice experience.In addition to the introduction and conclusion,the discussion mainly starts from the following four parts.The first part is the theoretical definition of data unfair competition.It mainly involves three aspects: clarifying the concept of data unfair competition,summarizing the characteristics of data unfair behavior,and sorting out the typical types of data unfair competition.The second part examines the current situation of judicial regulation of data unfair competition,including the application of judicial norms and specific identification ideas.Among them,at the level of application of judicial norms,there are three situations in the current judicial regulation of data unfair competition: application of general terms,application of Internet specific terms,and mixed application of general terms and Internet specific terms;At the level of specific identification ideas,judicial decisions mainly follow the approach of "there is a competitive relationship between operators-enterprises have rights and interests in data-data behavior is unfair".The third part is to analyze the problems in the regulation of data unfair competition.It mainly includes four aspects:lack of consistency in regulatory basis,uncertainty in the application of provisions,deviation from the nature of competition law in determining the legitimacy of behavior,and biased analysis of subject interests.The fourth part elaborates the optimization path of judicial regulation of data unfair competition.Specifically,it includes four improvement suggestions: clarifying the application order of legal provisions,clarifying the specific constituent elements of the application of provisions,adhering to the paradigm of determining the legitimacy of behavior,and emphasizing the balance of multiple interests in damage analysis.