Legal Regulation On Unfair Competition In Web Advertisement Field

With the prosperity development of Internet and e-commerce around the world, Web advertisement appears in people's view as a new ad style, not only bringing great vigor and vitality in the advertising business, and also changing people's life style and trading pattern. However, Web advertisement has gone beyond non-complete competition of previous advertisement field, unfair competition that followed becomes an eye-catching problem in web advertisement field. The unfair competition caused by web advertisement refers to some practices that a minority of merchants engages in publicizing their goods using some illegal measures which seriously infringe on the legal right and interests of the consumers, constituting unfair competition towards legal operators, disturbing the economic order, not only including the false publicity and the denigrate goodwill action in the traditional advertisement, for example, the deceptive advertising, subliminal advertising, and an advertising which offer a premium with the sale of an item, but also some special form based on the new internet technology, such as the publishing advertisement using hyperlinks.There appear diversified forms of unfair competition which have brought a lot of negative effects to our society. On one hand, the merchants'excessive competition result in the unfair competition, that is, the operators maliciously use a series of improper means to downplay its competitive opponent driven by economic benefit, which is harmful for effective competition in the market economy. On the other hand, for the sake of the consumers'benefit, the unfair competition with the merchants in doubt will result in the unsymmetrical information between the business operators and consumers to infringe the consumers'benefit. Hence, it is necessary to regulate the unfair competition of web advertisement following the open, equity, fair and appropriate principle.The fourth chapter of this article laid special stress on analyzing the method of the regulation, for example, the deceptive advertising, subliminal advertising, the (?)blishing advertisement using hyperlinks. The next-thing, America, European Union had a matured standard in the web advertisement, on the basis of analyzing the web advertisement and its manifestation;learning and absorbing developed country advanced web advertisement managerial experience explore the management of web advertisement of our country, which has the quite significant theory significance and the practical significance.Currently, China has not issued any legislation regulating unfair competitive deeds in Internet advertisement field, and that owing to the different manufacture and issue way of the web advertisement with the traditional advertisement, the traditional advertisement law already obviously was unable to adapt web advertisement;the new characteristics of the web advertisement and the shortage of the supervisor's knowledge, technology make our administration of advertisement not to know how starts. First of all, the virtual main body, the complex context, the masked action will be due to add some difficulties of the regulation. Even if the unfair competition were disappeared, it is difficult to implement the responsibility because the web advertisement have too higher technological to obtain valid evidence. In addition, each place law is not inconsistent, which causes the responsibility to investigate appears more complex. This article establishes in the status quo of the web advertisement legislation and offers a proposal to improve the law system of the web advertisement on the basis of the analysis of the difficult point of the regulation.