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The Acts Of Unfair Competition Television Shopping And Legal Regulation Research

Posted on:2013-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:2246330362969126Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As one of the most important modes of sales in electronic commerce, TVshopping and its prosperity do cater for the consumption concept of modern people.There must be some advantages differing from the traditional sales mode as relyingon TV media, which shall catch our attention once be abused to how to identify andregulate the acts of abuse. The main reason to research and redefine the ordinary actsof unfair competition existing in all transactions is that TV shopping has given newimpact and expression to them. The research carried out in this article firstly definethe acts generally and then move on with the specific sales mode of TV shopping inconsideration. The particular types of unfair competition in TV shopping are asfollows: to copy or imitate the TV shopping made by famous channel, to state falselyby the relevant in TV shopping, to exaggerate the atmosphere by TV technique. Andto identify and administer these acts needs to consider the extent of infringementcaused to the interest of customers. The protection and care to customers’ interestshall be the core during the whole process of the identification and regulation of actsof unfair competition. And the key points shall the right to information, right ofcomplain, property right, privacy right, rescission right, inspection right and right toget invoice and other vouchers. The mode of consumption and contact in ourchanging society is developed and changed mostly by the media, which originallyproviding information only but now communicating and interacting with customers.Under the mode of the market economy, the value of the legislation andimplementation of the Anti-Unfair Competition Law is not only to protect thecustomer but also other participators and the business operator who is also regulated.As it harms the whole market if there’s any favoritism between the customer andbusiness operator during legislation and implementation, it’s absolutely necessary toset up regulation limits to balance the customer interest and free speech of businessoperator, such as to establish punitive damages, public interest litigation andconsumer warning systems to protect customer interest after the confirmation of theinstitutionalization direction and to allocate the liability for tort to customer amongthe TV shopping platform, manufacturer, distributor and expert based on the correctidentification of the unfair acts. The TV shopping is the fruit of the development ofthe media technique and its features have perfectly conveyed the impact to society,legislation and implementation of law brought by the development of technique.
Keywords/Search Tags:TV shopping, unfair competition, legal regulation
PDF Full Text Request
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