论互联网领域不正当竞争行为的私力救济——以3Q大战为视角.pdf

internet field, the traditional public remedy has exposed the problems of imperfect supervision system, unreasonable law enforcement and lagging legislation. Third, the practical needs of the private remedy in the field of unfair competition. This paper expounds the realistic necessity of the private remedy from three angles of low cost, high effectiveness and high efficiency. “The third part: the particularity of private remedy in the field of internet unfair competition”. Based on the analysis of several cases of unfair competition in China, this section sums up the three characteristics of private remedy in the internet field. First, the technical means of relief. Demonstrate the importance of technology to private remedy from the two aspects of the necessity of technical measures and the rationality of technical neutrality; Second,the indirect nature of the subject. Take the Tencent “Incompatible product behavior as an example,this article discusses the important market value of the network users and analyze the phenomenon of the enterprises private remedy; Third,the multivariate of private remedy. This article puts forward several kinds of remedies, such as product incompatibility, warning letter, encryption and so on, to discuss its multiple characteristics. “The fourth part: the legal limits of private remedy in the field of internet unfair competition”. First of all, this section defines the standard of private remedy from three aspects: can not cause the emergence of new crimes, should be consistent with the bottom line principle and not excessive damage to social and publ