Legal Research On Web-based Trial Marketing

Web-based trial marketing can not only overcome customs’ doubt of products, strengthentheir purchasing desire as traditional trail marketing, but also have the ability to evangelizethe product more widely through the network with lower cost. It becomes popular which moreand more trader like to choice doing their marketing program. However, web-based trailmarketing now has shortages as below: misleading customers, public cognition is not clear,relationships between relevant parties are not clear, these make web-based trail marketingfaced a lot trouble in regulation. To this end, we shall try to analyze the basis of web-basedtrail marketing, then analyze the existing legislation regulation and supervision practice of thestatus quo, finding the current legislation of web-based trial marketing behavior in theregulation and supervision. By perfecting the laws and regulations, clearing regulation powerconfiguration, setting dispute settlement mechanism, clearing all parities’ responsibility, wecan ensure web-based trail marketing runs in right way.Besides the preface and epilogue, this article is divided into four parts.The first part is basic knowledge of web-based trail marketing, Including the concept andtypical operation modes of web-based trail marketing, comparison with the UGC, thetraditional trail marketing, advertisement, verification trial advertising, and the history ofweb-based trail marketing.The second part is basic legal research of web-based trail marketing. The first part is theanalysis of the legal nature of web-based trail marketing: Issuing the trial and publishing thereport are the two most important part in web-based trail marketing, the analysis shows thatthese two actions are traders advertising their own goods in an indirect way, and inaccordance with the nature of "advertisement", purpose, dependent, commercial, the paid,therefore, the two behavior belongs to advertising behavior. In addition, this part also tried toanalyze the relationships between all main body in detail, such as testers and consumers,consumers and the trial center, these provide the basis for analyzing the deficiency ofregulation in our country below.The third part discussed the regulation of web-based trail marketing now, and itsshortcomings. Web-based trail marketing shall be regulated by "Advertisement Law","Contract Law","Tort Liability Law","Consumer Protection Law","Law against Unfair Competition", rules, normative documents and other laws and regulations of the documentsinsured by MIIT and other departments. However, there are still shortages as below:authorization is unknown, failing to indentify advertising, hard to regulate traders, testersand trial center effectively, etc.The fourth part discussed the Suggestions of perfecting our country’s regulation ofweb-based trail marketing, it includes: firstly, clear the legal regulation and set the disputesettlement mechanism, including set the power of regulation clearly, improve the supervisionof all departments, set up a reporting platform. Secondly, clear each part’s legal responsibility,including traders should be responsible for the report, testers show be responsible for theirreport, trial center show take its responsibility to consumers in the form of fault presumptionof fault liability. Thirdly, set up a third party dispute resolution mechanism, to help solvingdisputes between consumers and traders, testers and trial center. Fourthly, determine the rulesof writing and using reports, including a requirement that the trader should express thepurpose of advertising in web-based trial marketing to promote testers, forbid testerscomparing goods to other goods maliciously, or derogating other goods, forbid testersdescribing goods with absolute words, as well as the trader should express the purpose ofadvertising to consumers, tell them the defects and danger of the goods while publishing thetrail report.