In the era of digital economy,data climbing has the characteristics of two sides of market effect,pluralism of in-fringing interests and concealment of behavior implementation.In order to give full play to the positive effect of data climbing,the theoretical and practical circles choose to regulate them through the anti-unfair competition law.However,problems such as wrong application of tort judgment thinking,non-uniform identification rules of illegality of data craw-ling and imperfect supervision mechanism of data crawling affect the effective application of anti-unfair competition law.In this regard,China should clarify the paradigm of anti-unfair competition regulation,unify the identification rules of da-ta illegality,and improve the supervision system of data crawling,so as to promote the free flow of data elements and en-sure fair competition in the market.
关键词
数据爬取/反不正当竞争法/数字经济
Key words
data crawling/anti-unfair competition law/digital economy
维普
万方数据