关键词: 一般条款, 反不正当竞争法, 互联网不正当竞争行为

Abstract: Unfair competition in the context of the Internet has the characteristics of the era of science and technology, and its characteristics of diversity, rapid spread, concealment and great harm have impacted traditional legal regulations.In this context, China has revised the anti-unfair competition law for unfair competition in the Internet market, and has made provisions for the coexistence of principled clauses and enumerated clauses.Whether the general clause has a principled nature, whether there is subjectivity or uncertainty when applicable, and whether the “unfair competition behavior of the Internet” should be subject to special regulation and whether the current legal provisions are sufficiently perfect or still need to be checked for vacancies, and there is still room for further discussion on the question of what the unfair competition law should look like in the Internet age.Through the type analysis of the content of the Internet clause, the logical theory of the structure, and the new unfair competition behavior,combining the typical cases in the Internet market, it is of theoretical and practical significance to demonstrate the legitimacy of Internet terms in judicial practice.

Key words: general clauses, anti-unfair competition law, Internet unfair competition behavior