An Empirical Study on the Application of Apology and Elimination of Ill Effects in Internet Unfair Competition Cases-Based on Samples of Internet Unfair Competition Cases' Judgments during 1999-2015

An empirical study of the cases concerning internet unfair competition in our country during 1999-2015 finds that application of apology and elimination of ill effects is disorderly in judicial practice of judicial departments represented by the People's Supreme Court; the applicable subjects are inconsistent and the applicable conditions and logical relationships are not clear. The important reason is that their functional location is still unclear and legislation blank or inconsistent. To curb the confusing application situation, the purpose of application of apology and elimination of ill effects should be redefined and the applicable subjects, scope of application, limitation and applicable boundary should be made clear so as to respond to the legitimate demands of right subjects and regulate the competition order of the internet market.