电子商务不正当竞争行为法律规制分析-经济法专业论文.docxVIP

1 Abstract Since the nineties of the 20th century, with information technology has been developed rapidly and Internet has been popular among ordinary people, a business model different from the traditional business model, e-commerce opens up.As a very dynamic and broad prospects for the emerging business model, e-commerce is high efficiency and low cost,and has been proved to be an important business model changes in practice. It will play an important role in Social, economic and cultural development in the future. However,e-commerce unfair competition which is severe damage to the majority of operators and consumers, disturbs the normal order of competition , and hampers the healthy development of e-commerce. Unfair competition in e-commerce has no fundamental difference from traditional business model.Because of characteristics such as suppositional and conceal,e-commerce unfair competition acts of a greater harm to society, and legal regulation is more difficult. In this paper, by starting with analyzing the unfair competition case of Beijing tianchuanghuaruan,Inc.v. Beijing dongfangqingruan,Inc, the author analyze Anti-Unfair Competition Law in e-commerce and compare International legislation, put forward the sound direction of against e-commerce unfair competition to find some inspiration in the field of anti-unfair competition. Key words：E-commerce, Unfair Competition, Legal Regulation  1 2 目 录  HYPERLINK \l _bookmark0 一、北京天创华软诉北京东方清软不正当竞争案 1  HYPERLINK \l _bookmark1 （一）案由 1  HYPERLINK \l _bookmark2 （二）案情 1  HYPERLINK \l _bookmark3 （三）案件焦点 2  HYPERLINK \l _bookmark4 （四）争议与分歧意见 2  HYPERLINK \l _bookmark5 1．天创华软是否为知名服务 2  HYPERLINK \l _bookmark6 2．东方清软是否构成虚假宣传 3  HYPERLINK \l _bookmark7 3．东方清软是否侵犯天创华软的商业秘密 4  HYPERLINK \l _bookmark8 4．东方清软是否散布虚假信息损害天创华软的商业信誉 4  HYPERLINK \l _bookmark9 （五）法院对本案的解析与判定 5  HYPERLINK \l _bookmark10 1．天创华软的培训服务不构成知名服务 5  HYPERLINK \l _bookmark11 2．东方清软构成虚假宣传