| In recent years, with the help of information technology, the onlinecommercial defamation behavior is increasing.However, due to the early legislation of "Law of the People’s Republic of China on Countering Unfair Competition",the law is not mature enough, did not involve networking violations, which resulting in our fight against the sanctions online discrediting lack of legal basis.In view of this, this paper uses the "Tianrun yogurt" case as the breakthrough point and combine with years of similar online commercial defamation cases. In-depth analyze numbers of issues in current legal system for online commercial defamation, such as the lack of legal regulation, poor supervision and administration, the difficulties of proof.Then this paper will discuss how to improve our regulation of online commercial defamation with related legislation based on the other countries’ experiences on regulating online commercial defamation.This paper is segmented into four sections: the first section starts with analyzing the "Tianrun yogurt" case, then outline and explain the paradox of the high-frequency online commercial defamations and lack of regulation and legalization on these problems. The second section discusses the concept and characteristics of the traditional commercial defamation and online commercial defamation behavior, and makes a comparative analysis of the differences between these two.In the third part, it analyzes the insufficient of the relevant legislation about the online commercial defamation in our country, that is, the regulation system is not perfect, the administrative law enforcement is weak, the judicial relief. In the last section, this paper focuses on the legal elements of commercial defamation acts and the two aspects of the responsibility system of the online commercial defamation, this part puts forward suggestions on improving the system of. |
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