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The Legal Regulation of New Type Unfair Competition under Internet Environment

Author: LengDanQing
Tutor: YueCaiShen
School: Southwest University of Political Science
Course: Economic Law
Keywords: network environment anti-competitive legal regulation
CLC: D922.294
Type: Master's thesis
Year: 2012
Downloads: 171
Quote: 0
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Abstract


To keep rapid expansion of market economy we need effective competition among themarket entities, at the same time the legal rules should keep pace with the times. Under theinternet environment the traditional unfair competitions created more new styles, evenproduced new ones which independent of past. We can not control these actions immediatelyand effectively, that may be hinder sustainable development of our market economy in asense.On the basis of practice the new type unfair competition under internet environmentcould be divided into two parts, one is deemed as extension of traditional unfair competitionsunder the internet which can be regulated by quoting existing law, the other one is no rulescan regulate because they produced depend on science and technology or hardly forecast, wecalled these legislation blank or legal loopholes.The laws on Anti-Monopoly in our country have passed a long time, it is inaccurateabout the proper scope and regulated objects of the legal system of competitions, and thedefects which produced from the application of The Law of China Against Unfair.Based on the above classification, this paper focuses on analyzing the new type unfaircompetitions in the operation of the market economy under internet environment. And givethe suggestions apply for the legal construction of our market economy competitions area.The thesis is divided into four parts:The first part is the introduction, in view of the legal reasons that give birth to the newtype unfair competitions under the internet environment, this can discuss from two respects:one is legal system the other is legal articles, meanwhile combine with the practice at homeand abroad, the following closely analyze the traits and impacts of the new type unfaircompetitions.The second part is the overview of the new type unfair competitions into variouscategories. one is the extend of traditional class standard including confuse of businesses、false propaganda and violations of commercial secrets, the other is the acts which lack ofsupervisory regulations for including enforcement advert、second-skill、software attacked andtrademark. Combine with some cases fully discussed the functions and features of the nowlegal system. The third part is the defects of legal mechanism for competitions, in the framework ofthe limits of article、the deletions of liability law system and the unreasonable system, laid asolid theoretical foundation for further research.The forth part is suggestion to improve the legal mechanism for unfair competitionsunder internet environment. Systematically combed various types of legal mechanism for riskprevention, firstly, consummating the law structure, improving and formulating laws andclearly point out the status. Secondly, introducing public-benefitting group actions and burdenshift of proof. Thirdly, taking in and learning from the punitive compensation system.Fourthly, establishing specific authority to reinforce their implementation.

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