Legal Regulation On Malicious Ware

With the developing and spreading of internet,everyone's life would be covered by it.At the same time,various of unreasonable practices appear and cause serious affection,which law must pay attention to.Tort caused by malicious ware has already been focused by law research,but special and deep research still lack in unfair competition practices which is also caused by malicious ware.Therefore,this thesis will discuss the issue in the perspective of anti unfair competition law,analyze the situation of legal regulation on malicious ware both in China and foreign country,and conclude the experiences of America's practice in regulate malicious ware which we can draw from.In the end,with the consideration to the related situation in China, gives some advices to improve the legal regulation on malicious ware through anti unfair competition law.A background about the development of cyberspace and the situation of relative legal research was gived in the forewords of this thesis.The thesis's first part mainly introduced the situation of malicious ware in China,and the relative legal regulation now.The second part focused on the situation of legal regulation on malicious ware in foreign country,especially analyzed the legal system of anti malicious ware in America.The last part discussed the necessary and feasibility in using anti unfair competition law to regulate malicious ware practices.Also mentioned the principles should be obeyed when deal with malicious ware cases,and then supplied advices to improve the system of regulate malicious ware,in the way of using anti unfair competition law and other relative regulations.Hopefully,the thesis can make some contributions to the establishment of China's legal system of anti malicious ware,as a part of system of anti unfair competition in cyberspace.