在现代反不正当竞争法中,竞争关系不再是适用该法的前提,利益受到不正当商业行为影响的市场主体都可以获得反不正当竞争法的救济.反不正当竞争法规定互联网不正当竞争行为,可以减少司法实践对"诚实信用"一般条款的适用,但规范的立足点应在于对行为的性质的认定,而不是互联网技术.修订后的《反不正当竞争法》中规定的互联网不正当竞争行为,有的构成不正当竞争,有的则属于正常的市场竞争手段,不应当为互联网不正当竞争行为设置"兜底"条款.%In the modern Anti-Unfair Competition law, the competition relationship is no longer the premise of the law application. All market players affected by unfair commercial practices are entitled to the relief of the Anti-Unfair Competition Law. Stipulating for unfair competition practices on internet in Anti-Unfair Competition Law can reduce the application of principle of good faith in courts. The foundation of legislation should be based on the nature of the practices, rather than the internet technology. Among the unfair competition practices on internet stipulated in the draft of Anti-Unfair Competition Law, some practices are unfair, but most of them are normal competitive stratagems. There should be no "catch-all clause" for unfair competition practices on internet.
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