The Judgement Of The Law In Effect On The False Compete Caused By Network Advertisement

In electronic commercial activity, the executive usually make use of the network advertisement to compete falsely.About the advertisement and the false competition, the laws in effect contain provisions. But the laws in effect have no direct provisions about the false competition caused by network advertisement.The development of the network produced a big antinomy with legislative lapping.There are two paths of this antinomy that one is lawmaking and the other is making use of the law in effct well,for example,extendly explainning, increasing the extensive applicability of the laws in effect. The author of the text holds up the latter.Applying these two laws to adjust the false competition caused by network advertisement,I cannot find the concrete law rulings.This ask for extending the content of the ruling. Concerning to explain the law, this text drew lessons from the abroad lawmaking principle and judicatory fulfillments,especially international trade union's 'The electronic commercial law' . The electronic commercial law has two methods: one is that the function of data tele-communications is connected with paper form, to adapte to the network activity;the other is a principle making the concrete provision hermeneutic to adapt to the network circumstance.In order that the demonstration laws in effect have the extensive applicability again, and do not lose the value of commercial law. So the network business activity will progress smoothly.But there are some difficulties to use the two laws to adjust the same behavior.Because the advertise law is different from the false competition law in the aspects of lawmaking purpose, law principle, adjusting object and law duty.So this text separately explain the two laws, in order to keep the spirit of the each law.The conclusion in this text puts forward that the laws in effect still contain value for use, but it need the law in effect explained to adopt to the network enviornment.