Abstract:
New network unfair competition behaviors such as fake network sales order, malicious network evaluation and network traffic hijacking have increased constantly, which has brought serious damage to the legitimate interests of network competition, the legitimate rights and interests of consumers and the fair competition and management order of the network market. But the criminal punishment is obviously insufficient, while the judicial channels provided by the expansive interpretation on traditional offenses have been constrained by the limited judicial tension, thus, the sanction boundary of network unfair competition crimes become fuzzy. As a matter of fact, the concept absence of legal interests of network unfair competition order is the root cause of the dilemma of the position of criminal law intervention and the weakness of criminal sanctions. Therefore, the legitimate interest of network market competition should be confirmed as a new criminal legal interest. The provisions of the previous
Anti-
Unfair Competition Law and
Criminal Law are trapped in the institutional dilemma of the intergenerational disconnection between the normative supply and the network crime. According to the newly revised
Anti-
Unfair Competition Law and the newly enacted
E-
Commerce Law, the Article 231-1 (the crime of Network unfair competition) should be added to play a general role in the basic regulation, while the Article 231-2(the crime of undermining the network market credit evaluation) should be added to play a special regulatory role.