论反不正当竞争法中的公共利益——以网络竞争纠纷为例

公共利益是反不正当竞争法保护目标。由于法律规定的不完善以及公共利益本身的不确定性,公共利益在反不正当竞争法中没有受到应有的保护。公共利益在反不正当竞争法下主要体现为一种不被扭曲的竞争秩序。立足司法实践,以公共利益的内涵为基点,厘清反不正当竞争法下公共利益保护的历史脉络,将公共利益的主体限定为具有竞争关系的某一领域的大多数人,公共利益的内容为保护不被扭曲的竞争秩序,公共利益的功能主要体现在作为判断竞争行为正当性的标准和促进公平竞争两个方面,通过立法和司法实践双重变革,以期给予公共利益较为完善的保护。

On the Public Interest under the Anti-unfair Competition Law

Though the public interest is protected as one of the important objects under the Anti-unfair Competition Law, there are still a lot of acts of competition against the public interest in the internet. Due to the imperfections of the laws and the uncertainty of public interest, public interest is not duly protected. This article argues that the public interest under the Anti-unfair Competition Law is mainly expresses as fair competition. Based on the judicial practices, this article takes the connotation of public interest as the starting point, then clarifies its history of the protection, distinguishes the interests of competitors, the interests of consumers and the public interest, and then explains what fair competition means, elaborating its main function in justifying which act is fair and promoting fair competition. For the purpose of a more perfect protection of the public interest, the article concludes that an amendment to the Anti-unfair Competition Law and an improvement of judicial practice are necessary.