Rational Considerations on the Boom of the Principle of Non- public Interest Need not Interfere
Ding Ji · Tianjin Legal Science · 2015
The hot Principle of Non- Public Interest Need not Interfere is proposed by the Judge Shibisheng in Beijing High Court from Baidu V. Qihu 360 unfair competition dispute case. In February 2015, The Supreme Court dismissed 360's retrial requirement, and approved the principle. But some scholars raised objections for the principle. Based on the current situation and dilemma in the competition of the internet, the author analyses several kinds of the unfair competition and the dilemma in trial process, and discusses the trend of unfair competition in the field of internet. According to the regulation of the unfair competition and self-discipline convention in the field of internet, the principle derived from Article 2 in Anti-unfair Competition Law is discussed. Finally, the author tries to clarify the public interest and the reason why principle of competition order appears more in the competition, and hopes to realize the sustainable and benign development.