Research On The Issues Of We-media Advertising Tort Liability

With the development of we-media technology,the we-media advertising also arises rapidly in recent years.And because of its lower costs and wider audience,We-media advertising quickly became a upstart in advertising.But as we-media is not only a new thing,but also the lack of existing laws or regulations on this issue,we-media caused a lot of social problems which inquire theoretical research and system construction on how to build a harmonious and orderly operation we-media order.Due to the novelty of we-media advertising and the difference from traditional advertising and traditional media advertising,there are many problems in judicial practice: firstly,there is no uniform standard on the nature of we-media advertising,as a result,different court and different judge make conflicting referee,which damages the judicial authority.Secondly,as we-media advertising is hidden in virtual network space and the lack of unified standard,it is difficult in determining the infringement of media advertising.Thirdly,because radioactivity is a characteristic of we-media,and the subject of we-media is different from traditional media and traditional media advertising,determining the infringement behavior subject is controversial.Fourthly,because the tort liability law of People's Republic of China has not clarify liability for advertising torts,combining with the special characteristic of we-media advertising,there are also different arguments among scholars on the subject of tort liability imputation principle.Fifthly,after identify the main subject violations,there air also arguments on determining the tort liability patter.This paper is focused on the problem of the we-media advertising tort liability,the discussion is divided into four parts:In the first part,considering there are different views on identifying the subject violations in judicial practice,according to the definition and characteristics of traditional advertising,discusses the definition and characteristics of the media advertising.In the second part,considering we-media advertising is hidden in virtual space and the infringement cognizance problem,and the characteristics of the infringement of advertising,four aspect of we-media advertising infringement are showed:the diversity and complexity of the tort subject,the diversity of the object of infringement,the Highly technical of infringement,the universality of the damage of infringement.In this part,according to the the characteristics of the we-media advertising combining with the form of the traditional media advertising infringement and the rational internet media advertising infringement,we present we-media advertisinginfringement forms in three ways:deceptive we-media advertising,obsessive we-media advertising,we-media competition.In the third part,for the radiation characteristics of we-media advertisement,combining with the identify of the traditional internet media advertising tort liability subject,we present how to identify of the we-media advertising tort liability subject.And on the basis of Specific provisions in the tort liability law of People's Republic of China,we discuss the composition elements of we-media advertisement tort,present the principles of different subjects' tort liability the rules tort liability forms due to the characteristics of different we-media advertising tort subject.In the fourth part,considering relevant provisions on we-media advertising are not perfect,legal relief way and proposal on how to deal with we-media advertising tort are put forward.