On Commercial Defamation And Its Legal Regulation Of The Internet Age

The21st century is a new century which not only have the rapid development ofcomputer technology and the internet technology,but also have a profound shift to the humanway of life in the new century.The ease and rapidity of the information interaction constitutethe essence of the Internet Age,the operators, however, enjoy the ubiquitous networkbringing great convenience to their own business activities while also feel the protection of itsown business reputation and product reputation coming across unprecedented challenges.Theinfringement ways and the infringing content of the commercial discrediting in the InternetAge are very different with traditional commercial defamation. With the internet beingapplied to all aspects of business operations, business slander is also showing the new featuresof mutuality, diversity, complexity of hidden and speculation, technical feature etc, whichalso brought more and more widely injurious consequences. Therefore, for the good faithlegitimate operators, the important issues needed to be settled in the Internet Age are how toavoid the occurrence of an event of commercial defamation, how to quickly eliminate theimpact in the event of a commercial defamation and Reduce the damage to a minimum,Theoretical research and legislation of goodwill is lagging behind in China, While China’s"Civil Law" Article101relates to the protection of the legal rights of reputation, there is noclear provisions of Goodwill, Although China ’s " Anti-Unfair Competition Law " provisionsof Article14prohibits commercial slander, its not specifically has correspondingadministrative penalties responsibility. In the current era of rapid development of theiternternet industry, most countries have increased the level of protection of the right ofgoodwill, when the reality of the development and its legislation has an uncoordinated case,therefore establish effective mechanism for commercial slander prohibited, improve theprotection mechanisms of the business reputation of honest operators and product reputationhas become a top priority.The text is divided into seven sections:The first part is the introduction, as the threshold for the Anti-Unfair Competition Law,describing the theoretical and practical significance for commercial defamation in the Internetage, introducing the omissions and deficiencies in the regulation of the domestic law on thisissue, accounting the focus of the studies, ideas, methods and innovations. The second part is the evolution of commercial defamation, through the analysis of themeaning and structure of traditional commercial slander,and the new issues raised by thecommercial defamation triggered in the Internet Age and its reasonable doubts, scientificallydetermine the commercial slander meaning of cyberspace, elaborate the new problemspresented by network space slander, lay a solid practical and theoretical foundation for thenext step of the research.The third part is the commercial defamation characteristics and manifestations in theInternet Age, after in-depth analysis and discussion on the commercial defamation incyberspace presents " reciprocity "," diversity ","hidden","technical" four significantcharacteristics, through mainly juristic analysis, combining the economic analysis and ethicalanalysis method,in-depth analysis of the manifestations of the significant characteristics ofthe four reasons for its current situation.The fourth part is the plight of commercial defamation legal regulation of the Internetage, from the point of view of the actual situation in China, by the method of enumeration,analysis, classification, Summing up four plights in the network era of commercialdefamation legal regulation as meticulously as possible: hard to find the behavior, hard todetermine the behavior, hard to calculate the loss and hard to remove the effects.The fifth parties the extraterritorial regulation network commercial defamationexperience and enlightenment, through the introduction of a representative sample of theforeign，and combine commercial denigrate the reality of China ’s Internet Age, selectively totease out the Implications for China from the beneficial practices of commercial defamationunder foreign on regulatory network conditions.The sixth part is the perfection of the legal mechanisms against commercial defamationof Network era, in summing up the experience from both the home and abroad，combine sixsuggestions for improvement and tie them into a unified framework for legal analysis.The seventh part is the conclusion, further stressing although commercial slanderregulations for the Internet Age under the domestic legal system still has significant gaps anddeficiencies and the perfection of the problem being also not done overnight, the overall trendis good and the discussion of the article is also an useful attempt..