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Internet Advertising Legal Regulation Of Unfair Competition

Posted on:2016-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:L LiangFull Text:PDF
GTID:2296330467489586Subject:Law
Abstract/Summary:PDF Full Text Request
With the advent of the era of Internet, electronic commerce rapid development, peoplecan do never leave home will know the news, to buy the goods in the supermarket, shoppingmalls, can say our life since the advent of the era of network is becoming more and moreconvenient, more and more rich and colorful. Commodity operators, service providers can seethe advantage of network, to look gradually transferred to the Internet, not only through thenetwork communication, advertising on the Internet, as a result, online advertising age.Internet advertising with the passage of time, development is very rapid, at the same time theform is also varied, Internet advertising has the advantage of traditional advertising isincomparable. Online advertising has the characteristics of simple, flexible, low cost, and as aresult, online advertising is becoming more common. Circle of friends of the derivative, themicroblogging marketing and so on. Thus it can be seen that online advertising has beenthroughout our lives. Coin has two sides, however, Internet advertising brings us aconvenience, at the same time it is also illegal acts, namely, the network advertisement acts ofunfair competition. Network advertisement acts of unfair competition and there is no clearlegal norms to regulate, but it has grown into a very common problem, should be to focus onthe problem.This paper is the legal regulating of the network advertisement acts of unfair competition,the article to remove the introduction mainly divided into four most.The first part is about the overview of the network advertisement acts of unfaircompetition. This part is mainly a problem of network of unfair competition. First of all, is tointroduce the concept, characteristics and major forms of online advertising. Next, it isexpounded on the meaning and characteristic of network advertisement acts of unfaircompetition. Mainly through the research of many scholars to the network advertisement actsof unfair competition made defined, so as to put forward this paper holds that expression ofthe closest meaning of the network advertisement acts of unfair competition. After analyzesthe characteristics of the further understanding of the network advertisement acts of unfaircompetition, lays the foundation for its regulatory Suggestions after; Again, the online advertisement acts of unfair competition on the form. In this paper, the network advertisementacts of unfair competition forms can be divided into two kinds, one kind is the general form,is differ with traditional advertising acts of unfair competition essence is not big. Another kindis a special form of expression, the network technology of the new acts of unfair competition.Main show is: the hyperlink network advertisement acts of unfair competition, keywordsnetwork advertisement acts of unfair competition acts of unfair competition and spam ads.Finally, this paper on the causes of the network advertisement acts of unfair competition andits possible hazard analysis.The second part is the legal regulating of the our country network advertisement acts ofunfair competition situation and difficulties. This part mainly to our country networkadvertisement acts of unfair competition laws are summarized, and pointed out that at presentfor the deficiency of legal norm, and the cognizance of the network advertisement acts ofunfair competition. On the one hand, mainly expounds the legislative status quo of networkadvertisement acts of unfair competition, which analyzes the network advertisement acts ofunfair competition in China’s current laws and problems; On the other hand, is the cognizanceof the network advertisement acts of unfair competition. This part mainly includes fourdifficult problem, respectively is: the nature of the Internet advertising, that difficult, judicialjurisdiction conflict, conflict of legal application and network service providers responsibilityidentification difficult.The third part is the overseas online advertisement acts of unfair competition lawregulation for reference, in the United States, the European Union and Japan and South Koreatwo countries legislation experience on the network acts of unfair competition, it puts forwardthe significance of our country, mainly includes two aspects: first, should attach greatimportance to the legislation of network advertisement acts of unfair competition; Second, theestablishment of industry organization self-discipline, assisted the government management.The fourth part is the system of network advertisement acts of unfair competition. Firstof all, is the perfect legislation system, this part respectively from the anti-unfair competitionlaw, improving Suggestions in the "advertisement law", and offered to introduce a specialregulations on the network management of unfair competition. Second, to be a lot of networkadvertisement acts of unfair competition law and regulations. Suggestions mainly from the following aspects, respectively is: false advertising, the use of network advertisementdenigrates others goodwill, keyword advertising acts of unfair competition and the hyperlinkof legal regulation of the network advertisement acts of unfair competition, which alsoproposed to define the legal liability and network service providers to establish effectivecensorship. Finally, from the improving Suggestions applicable law aspects. This part putsforward to clear the jurisdiction of the judicial authority and the legal application standard andadministrative law enforcement and industry organizations to strengthen self-discipline ofcombining the perfect Suggestions.
Keywords/Search Tags:Online advertising, unfair competition, law regulation
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