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Legal Regulation Research Of Commercial Defamation

Posted on:2013-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:H H ZhangFull Text:PDF
GTID:2296330362963930Subject:Law
Abstract/Summary:PDF Full Text Request
Commercial defamation is a competition that violates voluntariness, fairness, justice andthe principle of good faith and the recognized business ethics. Acts of unfair competitionwould harm the legitimate rights and interests of operators and consumers, and undermine thegood order of market competition. Therefore it is prohibited by every national law. Manycountries have passed specific legislation that is comprehensive, strict and detailedrequirements on commercial defamation in order to prevention and management ofcommercial defamation the occurrence and spread in this way. However, the market economyis not perfect, and the lack of knowledge of commercial defamation and comprehensivestudies when China’s "Anti-Unfair Competition Law is enacted. So there are manyimperfections in provision of commercial defamation. Therefore, the choice of this issue notonly has great theoretical significance, but also practical significance.It uses a comparative analysis method to proceed from the fundamental issues ofcommercial defamation in this writing. It parses our laws on commercial defamation defectsexisted through the analysis of relevant laws and regulations at home and abroad oncommercial defamation. The way of civil liability is single and the administrativeresponsibility is missing in the existing legislation. In the application of the law, commercialdefamation identified deficiencies, and the scope of compensation and the amount is difficultto determine. Combined with the actual situation of China, it proposes to improve the legalregulation of commercial defamation proposal from legislation and law application, includingthe increase in civil liability of the way, the expansion of the main range, the behavior meansand clearing the scope of compensation and the amounts.
Keywords/Search Tags:commercial defamation, unfair competition, defect, perfect
PDF Full Text Request
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