中圖分類號：D99
文獻標(biāo)識碼：A
DOI:10.19358/j.issn.2097-1788.2023.09.005
引用格式：許林波,余佳璇.商業(yè)數(shù)據(jù)不正當(dāng)競爭行為的司法規(guī)制研究［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2023，42（9）：29-35.

Study onjudicial regulation of unfair competition in business data

Abstract： At present, a large number of illegal business data grabbing, traffic hijacking, data blocking, malicious interference and other behaviors seriously interfere with the orderly development of business activities in the digital economy era, and there is a trend of diversified and dynamic manifestations. The judicial practice against the unfair competition of business data has verified the legal protection effect of article 2 and article 12 of the Anti-unfair Competition Law, and also exposed the problems such as the generality of the provisions, the unclear boundaries of the norms between the provisions, and the inappropriate identification of "unfair competition relationship". In order to further strengthen the judicial regulation of unfair competition of business data, we should standardize the application of the Anti-unfair Competition Law by unifying standards, make clear that "competition relationship" is the premise of judicial application, and build a diversified legal system conducive to guiding the rational use of business data.

Key words : business data; unfair competition; protection of rights and interests; judicial regulation