Study on Domain Name Dispute

The application of law is the initial problem for the solution of the domain name dispute,however,the current juridical practice is glutted with the phenomenon of abusing good faith article on anti-unfair competition law to solve the domain name dispute.This article aims at discussing a more reasonable mode of the application of law.By using the methods of the historical research,the comparative and empirical analysis,the author concludes that the court should give priority to the application of lower-order explicit rule while solving the domain name dispute.The good faith article should only be applied when the interpretation or the application by the analogy of lower-order explicit rule is exhausted, for fear that the authority of law is diluted.The author suggests that the more comprehensive and explicit judicial interpretation should be published to give definite directions for the application of the explicit rule,so as to avoid "the evading to the general item of the judge" as far as possible.