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最高法:调整完善互联网法院案件管辖范围
Xin Hua She· 2025-10-11 06:41
Core Points - The Supreme People's Court of China announced new regulations regarding the jurisdiction of internet courts, effective from November 1, 2025, which expands the types of cases these courts can handle [1][2] Group 1: Expanded Jurisdiction - The new regulations include jurisdiction over cases related to "network data ownership, infringement, and contract disputes," "protection of personal information and privacy rights," "virtual property ownership, infringement, and contract disputes," and "unfair competition disputes in the network" [1] - The concentration of jurisdiction for these new types of cases in internet courts is expected to improve the adjudication rules for data-related disputes and regulate new forms of unfair competition, such as data scraping and platform coercion [1] Group 2: Adjusted Jurisdiction - Certain cases have been removed from the jurisdiction of internet courts, including financial loan contract disputes and copyright disputes that are entirely conducted online [2] - Following the implementation of the new regulations, these cases will be handled by relevant grassroots courts based on territorial and designated jurisdiction standards in cities like Beijing, Hangzhou, and Guangzhou [2]
这四类案件下月起由互联网法院集中管辖,最高法阐释调整意图
Xin Jing Bao· 2025-10-11 05:35
Core Points - The Supreme People's Court has issued new regulations for internet courts, centralizing jurisdiction over four types of internet-related cases starting from November 1, 2025 [1][2] - The new regulations expand the jurisdiction of internet courts to include cases related to data ownership, personal information protection, virtual property, and unfair competition [2][4] - Traditional internet-related cases have been removed from the jurisdiction of internet courts, which will now focus on new and complex cases [3][4] Summary by Sections Changes Compared to Previous Regulations - The new regulations add four categories of cases to the jurisdiction of internet courts, including data ownership disputes and personal information protection [2] - Previously, internet courts handled eleven types of disputes, but the new rules streamline the focus to more complex and emerging issues [2][3] Professional Capacity of Internet Courts - Internet courts have developed specialized judicial capabilities to handle new types of internet cases, having previously dealt with significant cases like the first national big data product ownership case [4] - The courts have a team of judges experienced in both law and technology, ensuring effective handling of disputes involving data and algorithms [4] Long-term Considerations - The concentration of jurisdiction in major digital economy hubs like Beijing, Hangzhou, and Guangzhou allows for a more effective response to cutting-edge legal issues [5] - The new regulations aim to clarify legal standards and unify the application of laws across different courts, addressing inconsistencies in the treatment of data-related disputes [5][6] - The adjustments are expected to enhance judicial protection of personal information and virtual property, while also regulating new forms of unfair competition in the digital space [6]
法治聚焦丨网络平台经营者应明示平台内公平竞争规则
Ren Min Ri Bao· 2025-10-09 02:36
Core Viewpoint - The newly revised Anti-Unfair Competition Law of the People's Republic of China, effective from October 15, addresses the unique challenges of market competition in the digital economy, focusing on issues such as false transactions, data rights protection, and platform responsibilities, thereby providing a stronger legal foundation for fair competition and high-quality development [1][4]. Group 1: Legal Framework and Provisions - The revised law enhances regulations on online unfair competition behaviors, detailing various forms of malicious transactions and prohibiting operators from abusing platform rules to harm the legitimate rights of other operators [4][5]. - It mandates that platform operators clarify fair competition rules in service agreements and establish mechanisms for reporting and resolving unfair competition disputes [4][5]. - The law aims to establish a fair competition review system and strengthen the review process to ensure equal access to production factors for all operators [5]. Group 2: Industry Implications - The law addresses the rise of "involution" competition, which disrupts the market environment, and emphasizes the need for a systematic governance framework involving administrative, judicial, and corporate collaboration [5][6]. - It specifically prohibits platform operators from forcing or indirectly compelling operators to sell products below cost, which disrupts market order and harms merchants' interests [5][6]. - The law is expected to provide stronger legal protection for merchants' reasonable profit margins and legitimate rights, promoting a healthier business ecosystem [6].
网络平台经营者应明示平台内公平竞争规则
Ren Min Ri Bao· 2025-10-09 02:20
Core Points - The newly revised Anti-Unfair Competition Law of the People's Republic of China will take effect on October 15, 2023, addressing new challenges in market competition in the digital economy era [6] - The law aims to regulate unfair competition behaviors such as false transactions, data rights protection, and platform responsibilities, providing a legal framework to promote high-quality development [6] - The law specifically prohibits platform operators from forcing or indirectly forcing platform operators to sell goods below cost, which disrupts market competition [7][8] Summary by Category Regulatory Changes - The revised law includes specific provisions against various forms of malicious transactions, such as false transactions, false reviews, and malicious returns, which harm the legitimate rights of other operators and disrupt market order [6][7] - It establishes obligations for platform operators to clarify fair competition rules in service agreements and transaction rules, and to create mechanisms for reporting and resolving unfair competition complaints [7] Market Impact - The law addresses the issue of "involution" competition, which has been detrimental to the market environment, and aims to create a healthier competitive ecosystem by promoting innovation and fair competition [7][8] - It highlights the need for collaboration among administrative agencies, judicial bodies, platforms, and related enterprises to effectively implement the law and address the challenges posed by digital economy development [7] Consumer and Business Protection - The law provides stronger legal protection for the reasonable profit margins and legitimate rights of businesses, ensuring that low-price promotions do not lead to a decline in quality control and result in disorderly competition [8]
新修订的反不正当竞争法10月15日起施行 网络平台经营者应明示平台内公平竞争规则(法治聚焦) 不得实施虚假交易、恶意退货等行为
Ren Min Ri Bao· 2025-10-09 01:03
Group 1 - The newly revised Anti-Unfair Competition Law of the People's Republic of China will take effect on October 15, addressing new challenges in market competition in the digital economy, including issues related to false transactions, data rights protection, and platform responsibilities [1][2] - The law aims to enhance market order and provide a solid legal foundation for promoting high-quality development by responding to the characteristics of unfair competition in the digital age [1][2] - The law specifies that platform operators must clarify fair competition rules in their service agreements and take necessary measures against unfair competition behaviors, including false transactions and malicious returns [2][3] Group 2 - The law addresses the issue of "involution" competition, which disrupts the market environment, and emphasizes the need for a collaborative governance system involving administrative, judicial, and platform entities [2][3] - It prohibits platform operators from forcing or indirectly forcing merchants to sell products below cost, which can lead to disorderly competition and affect product quality [2][3] - The law provides stronger legal protection for merchants' reasonable profit margins and legitimate rights, encouraging long-term innovation and healthy competition within the industry [3]
网络平台经营者应明示平台内公平竞争规则(法治聚焦)
Ren Min Ri Bao· 2025-10-08 22:11
Core Points - The newly revised Anti-Unfair Competition Law of the People's Republic of China will take effect on October 15, 2025, addressing new challenges in market competition, particularly in the digital economy [3][4] - The law aims to regulate unfair competition behaviors such as false transactions, data rights protection, and platform responsibilities, thereby promoting fair competition and high-quality development [3][4] Group 1: Regulation of Unfair Competition - The law prohibits platform operators from forcing or indirectly forcing platform operators to sell goods below cost, which disrupts market competition [4][5] - It addresses various forms of malicious trading, including false transactions and malicious returns, to protect the legitimate rights of operators [3][4] - The law establishes a system for fair competition review and requires timely reporting of unfair competition behaviors to relevant authorities [4] Group 2: Impact on Market Practices - The law responds to the rise of "involution" competition, which harms the market environment, by including it in the scope of regulation [4][5] - It emphasizes the need for collaboration among administrative agencies, judicial bodies, platforms, and enterprises to create a comprehensive governance system [4] - The law provides stronger legal protection for merchants' reasonable profit margins and legitimate rights, encouraging long-term innovation and healthy competition [5]
新修订的反不正当竞争法回应“内卷式”竞争、网络不正当竞争行为等新问题——保护公平竞争激发市场活力(坚持和完善人民代表大会制度)
Ren Min Ri Bao· 2025-07-21 22:01
Core Viewpoint - The newly revised Anti-Unfair Competition Law of the People's Republic of China aims to enhance fair competition and regulate market order, particularly addressing new issues arising from the digital economy and internet industry [1][2] Group 1: Key Highlights of the Revised Law - The law has been amended three times since its initial implementation in 1993, with the latest revision set to take effect on October 15, 2023 [1] - The revision specifically targets online unfair competition behaviors, such as false reviews and malicious returns, which have become prevalent in e-commerce [3][4] - The law now includes provisions against data rights infringement and malicious transactions, detailing various forms of unfair competition [4][5] Group 2: Addressing "Involution" in Competition - The law recognizes "involution" as a harmful competitive practice where businesses engage in excessive competition without overall profit growth, leading to resource misallocation [7][8] - It establishes a fair competition review system to ensure equal access to production factors and market participation for all businesses [8][9] - The law aims to shift the focus from low-cost, low-quality competition to innovation and high-quality development [8][9] Group 3: Regulation of Price Wars - The law addresses the issue of price wars initiated by platforms, which can lead to unsustainable business practices and harm consumer rights [10][11] - It prohibits platform operators from forcing or indirectly compelling businesses to sell products below cost, thereby disrupting market order [11] - The law encourages platforms to adopt long-term strategies that prioritize innovation and fair competition rather than short-term gains through aggressive pricing [11]
虚构履历卖课被罚200万元,一批直播电商领域典型案例公布
news flash· 2025-07-08 10:06
Core Viewpoint - The article discusses the recent regulatory actions taken by various market supervision departments in China to address illegal practices in the live e-commerce sector, aiming to protect consumer rights and promote fair competition. Group 1: Regulatory Actions - The Hainan Provincial Market Supervision Administration fined Hainan Juguangzhongda E-commerce Consulting Co., Ltd. 2 million yuan and revoked its business license for false advertising related to its online store opening courses [2] - The Guangzhou Baiyun District Market Supervision Administration imposed a fine of 400,000 yuan on Guangzhou Zhiyuan Supply Chain Co., Ltd. for failing to publicly display its business license and for misleading advertising during a live broadcast [3] - The Ningbo Fenghua District Market Supervision Administration fined Ningbo Youduo Household Products Co., Ltd. 117,900 yuan for improper prize sales practices during promotional live streams [4] - The Hengshan District Market Supervision Administration in Hunan Province fined an individual 184,500 yuan for artificially inflating viewer counts in multiple live streams [6] - The Chengdu Market Supervision Administration fined Chengdu Fanxing Media Co., Ltd. 280,000 yuan for misleading claims about a brand's sales performance during a live broadcast [7] - The Nantong City Market Supervision Administration fined an individual 200,000 yuan for false advertising regarding the materials and quality of a down comforter sold through a live stream [8] - The Lishui City Yunhe County Market Supervision Administration imposed fines on two toy companies for selling products that did not meet national safety standards [8] Group 2: Violations and Consequences - Hainan Juguangzhongda E-commerce Consulting Co., Ltd. was found to have fabricated a female host's credentials and made unfulfilled refund promises, leading to numerous complaints [1] - Guangzhou Zhiyuan Supply Chain Co., Ltd. misled consumers about the quality of products during live promotions, which resulted in a lack of transparency regarding its business license [3] - Ningbo Youduo Household Products Co., Ltd. mismanaged prize distribution during promotional events, causing consumer dissatisfaction and confusion [4] - The individual involved in viewer count manipulation used multiple devices to create false engagement across 14 live streams [5] - Chengdu Fanxing Media Co., Ltd. failed to provide evidence for its claims of being the top-selling brand, misleading consumers and disrupting market order [7] - The individual selling the down comforter made false claims about the product's materials and origin, misleading consumers [8] - The toy companies sold products that posed safety risks to children, leading to regulatory penalties for non-compliance with safety standards [8]
新华鲜报|直面网络经营问题!反不正当竞争法完成修订
Xin Hua She· 2025-06-27 07:44
Core Viewpoint - The newly revised Anti-Unfair Competition Law, effective from October 15, aims to enhance fair competition and regulate market order in response to new challenges posed by the digital economy and internet industry [1][2]. Group 1: Regulation of Unfair Competition - The law addresses the issue of platforms using low-price competition strategies, which have negatively impacted the profits of small and medium-sized businesses and increased risks of false advertising and price fraud [2]. - New provisions prohibit platform operators from forcing or indirectly compelling platform merchants to sell products below cost, thereby disrupting market competition [2]. Group 2: Obligations of Platform Operators - The law mandates platform operators to clearly define fair competition rules in service agreements and establish mechanisms for reporting and resolving unfair competition complaints [3]. - It emphasizes the importance of compliance in competition, suggesting that higher compliance levels will attract more businesses and consumers [3]. Group 3: Addressing New Forms of Unfair Competition - The revised law specifies regulations against new forms of unfair competition, such as data infringement and malicious transactions, which are often difficult to prove and costly for affected businesses [4]. - It prohibits operators from abusing platform rules to engage in false transactions, fake reviews, or malicious returns, thus protecting the legitimate rights of other operators and maintaining market order [4]. Group 4: Legal Environment for Business - Establishing a legal framework to regulate unfair competition is seen as essential for fostering a fair competitive environment, which in turn supports the long-term healthy development of the socialist market economy [5].
全省查办762件网络不正当竞争案件
Xin Hua Ri Bao· 2025-06-08 22:04
Group 1 - The rapid development of artificial intelligence has led to the emergence of DeepSeek phishing websites, with nearly 3,000 monitored in just two months across the province [1] - The provincial market supervision bureau has initiated special governance actions, monitoring over 2,200 accounts and 4,700 internet information pieces, and has transferred relevant leads for local verification [1] - A total of 4,384 internet-related cases have been investigated, with 1,132 pieces of suspected illegal online transaction monitoring data handed over for further action [1] Group 2 - The provincial market supervision bureau has established a long-term governance system, including the formulation of local standards for online live marketing management and compliance requirements for digital human live broadcasts [2] - The bureau plans to enhance the network market monitoring system and strengthen technical support and special guidance for grassroots agencies to achieve real-time monitoring and precise strikes against unfair competition [2] - There will be an increase in online law enforcement efforts, improved inter-departmental collaboration, and the establishment of a long-term mechanism to optimize the market environment and promote high-quality economic development [2]