Research On Legal Regulations Of Unfair Competition Of Network Advertisement

As the most attractive media in the21st century, the Internet not only changes the trading ways and the communication forms, but also affects all aspects of people’s life profoundly. The network advertisement which is transferred by internet is an example. Compare the network advertisement and the traditional advertisement, the most different is that the network advertisement is issued by the internet. The network advertisement that spreads through the Internet has its unique advantage:firstly, the cost is low and economical. Secondly, without the restrictions of the time and region, it could spread everywhere. Thirdly, the information among the advertisement body could be transferred interactively. These advantages make the network advertisement win the more and more attention, which contains boundless business opportunities.However, the development of any new things will not always smoothly, such as the network advertisement. On the one hand the vigorous development of the Internet provides it constantly development power; on the other hand the network advertisement is suffering a series of new problems because of the rapid development of the internet technology. These problems cause much negative influence, which restricts the development of the network advertisement not only, but also brings huge challenge to our advertisement management.This paper tries to study the unfair competition of the network advertisement. At present, the network advertisement is full of prospect and profit, but it cannot get effective supervision because of the delayed legislation. Therefore, some advertisement body who want to obtain more benefits damage the market principle of the fair competition and the consumer’s and the other competitors’ legal right by the unfair competition of the network advertisement. There are three problems of the network advertisement. Firstly, it’s the false network advertisement. Secondly, it’s the comparison advertisement with the purpose of "defame". At last, it’s the network advertisement which uses the hyperlinks and the key words. Because it does not have special legislation for the network advertisement, so the anti-unfair competition law and the law of advertisement are used to constraint unfair competition of the network advertisement.After all, the network advertisement is different from the traditional advertisement. In the traditional advertisement, the definition the main body is very clear. According to our law of advertisement, the supervision department could achieve the purpose for managing the advertising market effectively. In the Internet, the locations of main body’s range become blurring. Especially the network advertisement needs the publishing platform which is provided by the telecom operators. As a result, the traditional way cannot supervise the advertisement body and the network advertisement. The current legislation is difficult to investigate the responsibility of the offenders and keep the order of the advertising market. In addition, without the restriction of the time and region, it shall be more complicated for jurisdiction of the network advertisement.This paper is focusing on the three aspects:the situation of the unfair competition of the network advertisement, the main problems, and how to solve these problems. The article is divided into five chapters:In the first chapter, it has defined the concept of the network advertisement, then discussed its characters and introduced the types.The second chapter analyzes the unfair competition of the network advertisement on the legal. It has included that the particularity of the unfair competition of the network advertisement, the scope of subject and the constituents of the behavior, and the forms of the unfair competition of the network advertisement.In the third chapter, it has discussed the main problems of the unfair competition of the network advertisement. There are three aspects:the subject qualification, the jurisdiction and the supervision.The fourth chapter has introduced the legal application of the supervision of the network advertisement. Firstly it has introduced our present laws, and then introduced the overseas laws about the network advertisement.The fifth chapter has put forward how to perfect the anti-unfair competition law system of the network advertisement. It has proposed from four aspects:firstly we shall modify the current law. Secondly we shall perfect the self-regulatory of the network advertisement. Then we need to strengthen the government management. At last, we will need more international cooperation in the future.