The Legal Regulation Of The Commercial Defamation Under The Network Environment

In the competitive market, the good business reputation is very important for thedevelopment of enterprises. The behavior of goodwill infringement is also known as thecommercial defamation, which is a common act of unfair competition, and under the networkenvironment, it not only has a great impact on the network, but also is very harmful to thesociety, so it is necessary to regulate the act effectively. The regulations on the commercialdefamation are just limited to the provisions of "Anti-Unfair Competition Law" and "Criminallaw", and because of its ambiguous and simple, they have not been adapted to the needs ofjudicial practice. After analyzing and studying on the commercial defamation under thenetwork environment in our country, the article hopes to provide some useful suggestions forregulating the illegal act effectively.Besides the preface and the conclusion, the paper mainly includes the following fourparts:Part one, the definition and characteristics of the commercial defamation under thenetwork environment. This part mainly analyses not only the definition and components ofthe commercial defamation, but also the new features of the commercial defamation under thenetwork environment.Part two, the review of the status of legal regulation of the commercial defamation underthe network environment in our country. This part mainly analyses the relevant provisions anddeficiencies of the "general principles of civil law","Anti-Unfair Competition Law", and the"criminal law". This part focuses on the analysis of the relevant provisions and deficiencies ofthe "Anti-Unfair Competition Law", and which mainly reflects in five aspects: the provisionson the scope of subject are too narrow; the generalization of the means of the act is notcomprehensive enough; the expression of the object of infringement is not perfect; theprovisions of legal liability are not clear; the provisions on the identification of legalresponsibility of the network service providers are not mentioned. Through the analysis of thecommercial discrediting under network environment, it is in order to lay the foundation forthe fourth part, which is about the construction of the legal system. Part three, legal regulations on the commercial defamation under the networkenvironment of the foreign countries. In order to lay the foundation for the fourth part again,this part introduces relevant regulations on the commercial defamation under the networkenvironment in Germany, America and international organizations, and also points out thatwhat we can learn from the foreign legislation and judicial practice.Part four, constructing the legal regulations of the commercial defamation under thenetwork environment in our country. From the current situation in China and legislativepractice in foreign countries, this part puts forward three suggestions about the regulations ofthe commercial defamation under the network environment: First, to put forward some relatedsuggestions of competition law, which are about the subject, subjective aspects, objectivebehavior and the object; Second, to put forward some relevant countermeasures aboutestablishing and perfecting the legal responsibility system of the commercial defamationunder the network environment, which conclude the aspects of the civil, administrative andcriminal liability; Third, to put forward some advice on perfecting the responsibilityidentification rules of the network service providers, who are the new behavior subjectemerging under the network environment.