随着互联网技术在我国的快速发展,网络干扰纠纷大量出现,由于法律缺少对网络干扰行为的具体规制条款,为解决大量出现的网络干扰纠纷,各地法院均将目光投向《反不正当竞争法》一般条款。但由于网络环境中的商业道德的多元性、滞后性等问题,使得一般条款在网络竞争的适用中具有很大局限。为解决这一问题,可以从客观市场效果方面进行认定,并且不以网络环境中的商业道德作为认定的根本标准,同时,可考虑将反垄断联系进行认定。 With the rapid development of Internet technology in our country, a large number of network interference disputes appear. Due to the lack of specific regulation provisions on network interference caused by law, in order to solve a large number of network interference disputes, courts all over the world are turning their attention to “Anti-Unfair Competition Law” Normal condition. However, due to the diversity of business ethics and lag in network environment, the general clauses have great limitations in the application of network competition. In order to solve this problem, it can be judged from the objective market effect, and does not take the business ethics in the network environment as the fundamental standard for the recognition. At the same time, the anti-monopoly connection can be considered.