电子商务中不正当竞争行为法律规制的困境及完善研究

Research on the Dilemma and Improvement of Legal Regulation of Unfair Competition in E-Commerce

摘要: 伴随数字经济的迅猛发展，电子商务已变成主要的商业交易途径，但随之而来的不正当竞争问题日益凸显，其表现模式既延续了传统市场不正当竞争的特点，又因网络技术与平台规则的涉入而呈现出新的复杂情形，诸如刷单形成虚假信誉、虚假宣传手段、恶意给出的负面评价、流量劫持以及大数据“杀熟”等现象。目前法律制度在管控电子商务不正当竞争时，存在界定宽泛、责任规制强度不足以及司法救济程序缺少等困境，造成市场秩序出现动荡，消费者权益无法得到有效维护，本文在分析电子商务不正当竞争行为的概念及其表现形式基础上，呈现其法律规制中的实际困境，进而提出细化认定标尺、强化责任程度、完善救济手续等优化途径，意在为电子商务领域的公平竞争与法治化发展提供制度相关参考。

Abstract: With the rapid development of the digital economy, e-commerce has become a major commercial transaction channel. However, the problem of unfair competition that comes along has become increasingly prominent. Its manifestation patterns not only continue the characteristics of unfair competition in traditional markets but also present new complex situations due to the involvement of network technology and platform rules, such as false credit formed by order padding, false advertising methods, malicious negative reviews, traffic hijacking, and big data “price discrimination”. Currently, the legal system faces difficulties in regulating unfair competition in e-commerce, including broad definitions, insufficient intensity of responsibility regulation, and lack of judicial relief procedures, which cause market order to be disrupted and consumers’ rights and interests to be unable to be effectively protected. Based on the analysis of the concept and forms of unfair competition in e-commerce, this paper presents the actual difficulties in its legal regulation and then proposes optimization approaches such as refining the criteria for identification, strengthening the degree of responsibility, and improving relief procedures, aiming to provide relevant institutional references for fair competition and the rule of law development in the e-commerce field.