Research On The Issues Of Online Advertising Tort Liability

In the21st century, with the change of Internet Technology, the Internet has become an indispensable tool of daily life for people, and soon e-commerce has become a mainstay of the market transactions. In the rapid development of the e-commerce process, online advertising is the third revolution of the modern marketing channels, the dissemination of information is so fast that you can reach anywhere in the world instantly. Online advertising has become one of the four major advertising media in less than20years, and not only the online advertising can active the economy of China's market, and also can affect the global economy. Online advertising can be so active because it is closely related to the particularity of the network environment. First, the online advertising is on the basis of Internet, and the characteristics of the Internet is cross-regional, high-speed, shared, low threshold Etc., so thousands of small and medium-sized companies preferred online advertising, and online advertising revenue income will be46.1billion in2012. But we have to face the fact that, the high-speed development of IT driven online advertising is still faced with many legal issues, first and foremost reason is the lack of legal resources, behavior in the adjustment of the network environment is also backward, while government regulators has not been adjusted their attention and the traditional "Advertising Law" can not effectively adjust the online advertising, which makes the violations of online advertising in the daily transactions more serious.Therefore, in order to in-depth study the infringement of online advertising and arouse the attention of the relevant departments and stakeholders, and then improve the problems of t online advertising so that better protect the interests of Online advertising audience and develop online advertising market size. This article is based on series of data, which analyzed from the network audience on the infringement of online advertising network survey, and then we discover the feelings of the audience for online advertising and online advertising development status. Therefore, this paper is divided into four parts:The first part of is infringement of the online advertising questionnaire basic overview of the chapter describes some of the problems found in the network survey, and also research points of the shortcomings and the proposition, and as an opportunity to expand online advertising infringement.The second part of the theoretical analysis, mainly to sort out the basic concept of online advertising infringement, clearly define the scope of online advertising infringement; and summed up the basic form and the basic characteristics of the online advertising infringement;The third part is discussed from a theoretical point of view of tort law tort liability issues related to online advertising, including the main body of the tort liability of online advertising, attributable to the principle of responsibility constitute the elements as well as responsibility form, etc..Part IV starting from the practical significance, summed up the means of relief for infringement of online advertising should be taken, including administrative remedies and civil remedies in public relief, social relief, self-help, complicated by a new type of wrought into an age of the Internet rights remedies-network rights, etc., in order to improve the ability to protect themselves has been infringed in the online advertising audience, and the courage to protect their legitimate rights and interests, and thus eliminate the violations of online advertising.