网络不正当竞争犯罪立法:反思与应答

Legislation on Crimes of Unfair Competition in the Online Environment:Reflection and Response

网络基本法与专门法相继颁行,显著增厚不正当竞争法律的规范体系。回顾网络不正当竞争立法的旨趣,兼顾竞争者利益、消费者利益、市场秩序的新型不正当竞争本质之界定范式,更吻合刑法保护的需求与立法修正的逻辑。有必要对损害商业信誉、商品声誉罪,虚假广告罪,非法经营罪,强迫交易罪,破坏生产经营罪作出网络化修正,增设网络不正当竞争罪、破坏网络市场信用评价罪、网络经济市场垄断罪,但不宜只简单讨论增设涉业务犯罪立法问题。

With the promulgation of basic laws and special laws related to the internet,the legal framework for unfair competition has been significantly strengthened.In retrospect,the purpose of online unfair competition legislation is to define a new paradigm for determining the nature of unfair competition that takes into account the interests of competitors,consumers,and market order.This is more in line with the needs of criminal law protection and legislative revision.It is necessary to revise and adapt the crimes of damaging commercial reputation,false advertising,illegal business,forced transactions,and disrupting production and operation in the online environment,and to add crimes of network unfair competition,disrupting the credit evaluation of the online market,and monopolizing the online economic market.However,it is not advisable to simply discuss legislation related to business-related crimes.