360 like to use "prosecution" to respond to the industry, the media questioned and criticized

Absrtact: April 25, Tencent sued 360 unfair competition a case of Guangdong High Court sentence: Tencent won, 360 compensation for Tencent economic loss of 5 million yuan, and in the 360 official website, including the prominent position of 15 consecutive days to publish an apology statement. Media reports said that this is the Chinese mutual

April 25, Tencent sued 360 unfair competition a case of Guangdong High Court sentence: Tencent won, "360 compensation for Tencent economic loss of 5 million yuan, and in the 360 official web site and other places in the prominent position for 15 consecutive days to publish an apology statement." "This is both the largest ever compensation for the internet industry in China and the heaviest penalty for unfair competition," the media reported.

360 has always liked to use "prosecution" to respond to the industry, the media query and criticism, both to intimidate rivals and dissidents, but also to the ordinary user to form a preconceived "truth in hand" impression, is called "Wicked". But things always have two sides, and the Chinese proverb says "The road horse horsepower, day long sees the human heart", 3,601 times once lifted the stone, but always smashed to own foot. According to media statistics, so far, 360 has been "10 defeats." I remember the Chinese women's volleyball team had won the "five consecutive championships", that is how the scenery and glory, in turn, an enterprise in the legal defense against competitors encounter "10 consecutive defeat", how humiliating? Just a few previous legal confrontation, regardless of the depth of the content, the complexity of investigation and forensics, or the intensity of the penalty, the extent of the impact, As well as the role of anti-monopoly law and the typical case of anti-unfair competition law, it is inferior to this position.

Why is this verdict worthy of our attention, even in my opinion? Because it is a well-deserved "precedent".

China is marching towards a perfect and complete rule of Law Society. And, with the anti-monopoly law, anti-unfair competition law and so on to restrain the relevant laws of modern enterprises, originally in the "Original Sin", advocating "thick black" Chinese business community more and more feel the pressure of the law, but also more and more enterprises understand the use of legal weapons to protect and defend rights and interests. On the rule of Law Society, the famous British poet Tennyson has such a few words: "Harmonious of the excessive, long and just land, freedom slowly expand, from precedent to precedent." The focus of the four verses is in the last sentence, but I think the translation is not smooth, from the point of view of the letter Sunyard, "from the precedent to the next example" may be better, although I believe that the original of Tennyson is the same word.

Why is "precedent" important? Because legislators, despite their utmost effort to define as precisely as possible the criminal acts and details of violations, are evolving, and many of the things that have been brought before the courts are "unprecedented", but for "the latter", In order to provide evidence for the subsequent sentencing of similar cases and facilitate the process, as a pioneer of the rule of Law Society, the Anglo-American legal system has referred to the "precedent" as a crucial position, and the Anglo-American legal system is also called case law.

Recalling the 360 and Tencent outbreak of the 3Q War at that time, as well as other industries broke out a number of competition disputes, the State Council related ministries often like to use the "interview" administrative means to eliminate disputes, calm down. The starting point of the relevant ministries may be good, but in the long run it is not conducive to industrial development and legitimate competition, because this will let the enterprise always mistakenly think who won the supervisor of the superior, who has the right to the market in the capital, 360 not just rely on their good government relations to dare to become "public enemy of the industry"? In fact, in my opinion, the competent ministries should let the law to solve the problem, the market's best means of regulation is "invisible hand", and the market is the best management means law. 360 or so, Baidu, Tencent, or Jinshan, can cattle, rising and so on finished enterprises, since all are in the market environment under the circumstances to eat, seek development, why not give the market? The hope of users and consumers is always the direction that the Government can guide and promote the development of industrial innovation, rather than "meddling" in disputes arising from competition.

As the Chief Justice of the United Kingdom (England and Ireland), Tom Bingham of the House of Lords, said, "the rule of law allows us to recognize that we prefer to live in such an environment, to comply with or at least strive to comply with the principles of justice, not the opposite." Since the law can do things, no one has the law to do well. Then please believe that the law, with this time a solid "precedent", then 360 of the next evil, every evil, can be said to be no hiding.