网络环境下 ≪反不正当竞争法≫的 适用问题

Abstract

Unfair competition has spread to the whole network era and formed the networkunfair competition. Firstly, the article defines the research object, divides the unfaircompetition into two types, traditional and new, introduces their specificmanifestations respectively, reveals the harm of the network unfair competition,summarizes the characteristics of the network unfair competition, and analyzes thedeficiencies of China’s legal system to regulate the network unfair competition. Then, it analyzes the disadvantages of the “Anti-Unfair Competition Law” appliedto the network market, introduces the judicial practice of the country in regulatingforeign anti-unfair acts, introduces the legal system of the United States in regulatingnetwork unfair competition acts from the perspective of statute law and case law,and introduces some relevant provisions of the “Anti-Unfair Competition Law” ofGermany and Japan. The fourth part of this article is the core content, whichanalyzes the deficiencies of China’s legal system to regulate the network unfaircompetition behavior, and perfects China’s legal system to regulate the network unfaircompetition behavior from three major aspects: expanding the scope of application ofthe main body, amending relevant laws and regulations, and regulating specificnetwork unfair behavior. Among them, opinions are also put forward from someminor aspects. For example, the general provisions are principled provisions, whichdo not provide a more detailed explanation for the identification of unfair competitionacts. These provisions are too abstract and have no pertinence. At present, manycountries choose the legislative mode listed in the general provisions, and in the anti-unfair laws, specifying some harmful and typical unfair competition acts canimprove the judicial efficiency. The establishment of a network self-restraint treaty,the mobilize initiative of the market, to resist acts of unfair competition on thenetwork. In addition, specific suggestions on regulation are put forward to strengthenthe practical significance of the article.