Discussion And Analysis For Legal Regulation About Badware

With the rapid development of society and progress of science & technology,the Internet has already become an important spot for a lot of people and makes the lives of people more and more convenient,efficient and abundant.However,rapid increase of the number of badware seriously endangers the environment and order of the internet.It is forcibly installed, hijacks the Browser,automatically opens advertisement and collects private information etc.The badware seriously violates the legal rights of most of the Internet users.But,because of the absence of the direct legal regulation about badware,the influence of badware is becoming more extensive and many legal issues caused by badware like tort are becoming more and more serious.Many internet users request to regulate badware by law.This paper researches and discusses badware from the legal point of view and discusses how to regulate badware by law so that we can find good methods of legal regulation about badware,manage badware by law, solve the problem of tort about badware and protect proper rights of the Internet users.This paper analyses and discusses the definition,the situation of development of badware;Analyses the present situation of legal regulation about badware at home and abroad;Discusses some common theory of legal regulation about badware.Because technique of the Internet and software rapidly develops,but the law has characteristics of lag and stability,and the legislation requires a very long process.From a realistic point of view,this paper discusses and researches the legal regulation about badware from both sides as follows.On the one hand,because there is not direct law about badware,this paper discuss how to make use of current law system(including civil law,law on the protection of customers' rights and interests,law on combating unfair competition) to strengthen the legal regulation about badware.On the other hand,because we can rather little make use of the current law,this paper discusses how to strengthen legislation about badware in order to more directly and forcefully regulate badware.