Legal Regulation On Unfair Competition Of Network Advertisement

With the rapid development of Internet technology, digital media began to graduallyreplace traditional media, which becomes important channels of information dissemination.Online advertising has its wide coverage, timeliness, strong and low cost production of aseries of features to gradually occupy the mainstream media in the digital era, its commercialvalue for the general public to explore and quickly recognized and presented boomingsituation. With the vigorous development trend of online advertising comes a highlycompetitive online advertising market. The competitive environment, the objective is alsospawned a number of new acts of unfair competition. With the development of networktechnology continues to advance, these new acts of unfair competition and constantly evolve,showing a more complex and diverse situation. This regulation of unfair competition,protection of fair and orderly market order presents new challenges.Due to the inherent rigidity of enactments and hysteresis, after nearly20years’sImplement,"Anti-Unfair Competition Law" and the "Advertising Law", which enacted at thebeginning of reform and opening up, increasingly exposed with the rapid development of theonline advertising market is incompatible side. Failed to keep pace with the development ofthe legal situation of online advertising, online advertising market today makes frequent chaos,and has intensified the trend. When the judiciary and the executive authorities in dealing withthe growing online advertising unfair competition cases beacause of the legislative lag. In thispaper, Legal Regulation of online advertising is the theme of unfair competition. First, thenetwork recognized the special nature of unfair competition in advertising standards foranalysis. Furthermore the current network environment of the typical advertising acts ofunfair competition under the summarized. Attempt an objective analysis of online advertisingunfair competition laws regulating the status quo. Finally, the combination of the existinglegal provisions, and learn from the experience of developed countries legislation. Try tomake suggestions to improve our online advertising for acts of unfair competition on law regulation.This paper is divided into three parts:The first part is about online advertising acts of unfair competition in general theory oflegal regulation. Firstly, the author try to put online advertising that standard acts of unfaircompetitionin the traditional acts of unfair competition, based on the demonstrate thatstandard. The existing forms of online advertising regulation of unfair competition due to beanalyzed brake, on the basis of unfair competition made online advertising on recognizedstandards.The second part is about the legal status of online advertising regulation of unfaircompetitive practices. This part analyzes the online advertising unfair competition lawsregulating the status quo, which mainly focus on the inadequacies of existing legislative,judicial and administrative three.The third part is about China’s online advertising Unfair Competition improve legalregulation, which focus on the above analysis of the major deficiencies of shortcomings.From the legislative, judicial and administrative three aspects discussed improve onlineadvertising Unfair Competition. And properly learn from the experience of Europeancountries, give personal insights and suggestions for improvement of the system. Expect to beable to improve the status of online advertising to a minor role.