On The Applicable Law Of Internet Marketer Misconduct

The misconduct of “pushing hands” have violated citizen’s privacy severely, some even inciting publicopinion on the internet to endanger national security and interfere justice, these behaviors must be regulated.Problems existed in application of law above internet “pushing hands” consist of uncertain subject ofliability for tort; inappropriate legal liability; incertitude subject in litigation process and jurisdictiondispute of related cases. Causes of the above problems can be concluded through compare the supervisionand legal norms on internet “pushing hands” in foreign countries, which contains exiting laws is toopointless to regulate improper conduct of internet “pushing hands”; supervision organ and trade associationhas not been established; concealment of “pushing hands” behavior made it difficult to identify “pushinghands behavior”. While regulate the misconduct of “pushing hands”, firstly indentify the network tort、unfair competition action、illegal and criminal acts of internet “pushing hands” accordance with the currentlaw. At the same time expand the range of the existing law to pursue responsibility. According to theoperation characteristics of the industry publish the relevant department rules and judicial explanation toregulate specific actions. Meanwhile, establishing fundamental acts to solve problems like constraint thebehavior of network public relation company、enterprise employers and implement network real namesystem.Part one: Inappropriate acts and law application problems of internet “pushing hands”. First of all,indentifying the undue behavior to estimate whether it poses a threat to your network and whether it againstobjectivity、authenticity、justice of information dissemination. Then analysis the negative effect of internet“pushing hands” undue behavior like erode public communication space; interfere the decision-making ofgovernment; obstruct judicatory justice. Furthermore put forward problems existed in law application ofmisconduct by internet “pushing hands”: uncertain subject of liability for tort; incertitude subject inlitigation process and jurisdiction dispute of related cases. Problems about applicable of law are caused bycomprehensive reasons: exiting laws is too pointless to regulate improper conduct of internet “pushinghands”; this boom industry lacks of standardization which intermingling the good and the bad; accordanceindustry standard has not provided; inefficient supervision of the relevant department; concealment of “pushing hands” behavior all made it difficult to identify “pushing hands behavior” and resulting thetroubles in the application of law.Part two: Supervision and law application on internet “pushing hands” in typical countries. This partmainly references the practice and experience of America、England、Japan and Korea, the enlightenment tochina. Methods adopted by these country contains promote industry self-regulation、enhance legalsupervision and improve mass moral accomplishment.Part three: Foundations of law application about the misconduct of internet “pushing hands”. Expandthe applicable law which consist of 《Tort liability law》、《Anti-unfair competition law》、《Criminal law》to regulate improper behavior of “pushing hands “, identifying the duty of subject、means of behavior andapportionment of liability.Part four: suggestions about improve law application of internet “pushing hands”. First of all, establishspecialized regulations and related judicial interpretation to unify the basis of referee. Improve professionalquality of related person to correspond the negative effect of network consensus properly. Meanwhile, putforward the specific actions to establish and perfect the management and supervision system of internet“pushing hands” industry: constraint the behavior of network public relation company and enterpriseemployers; implement network real name system; improve the overall accomplishments of internetaudience to lead the industry achieve self-discipline.