Study On The Regulation Of Anti-unfair Competition Law Against The Behavior Of Shielding Network Advertisement

With the rapid development of the internet market economy,the enterprises compete more and more fiercely,and the competition order of internet market is brought to our attention.Recently, the internet new media is becoming the focus of our attention instead of traditional print media,and the network advertisement is becoming a favorite mode for advertising agency,which effectiveness is best,too.Thus,the web site becomes the “collection and distribution center”of advertisements.However,when the screen is full of all kinds of advertisements, especially the vulgar advertisement and the advertisement containing virus,the users become worried, which triggers the new demand of users.So more and more software shielding network advertisements are created,and those are uploaded to software platform for users downloading.However,the behavior of shielding network advertisements also results in many other influences.Those mainly includes the income of advertising agency sharply decreases and the business mode of “free advertisements” is challenged. What's more, the number of unfair competition lawsuits about shielding network advertisements is rising drastically,which is the new and typical case of unfair competition of internet.Now, our Anti-unfair Competition Law has been introduced for more than 20 years, and it can not catch up with the development of internet economy.To judge if the behavior is legal can only resort to fundamental principle and legislative intent, and other laws and regulations also lack relevant provisions.Therefore,the judgments about this kind of lawsuits are often different and are easily thrown into doubt. The voice that we need to revise Anti-unfair Competition Law becomes louder.Hence, the thesis begins with the lawsuit of shielding network advertisements between Youku and Liebao. On the basis of analyzing the core problem of shielding network advertisements,the author concludes the problems of Anti-unfair Competition Law as to this kind of lawsuits,and then,the author attempts to make some suggestions as to those problems. This thesis is divided into five parts,as follows.The first part is to introduce the topic of this thesis.It includes descriptions of the case,the court judgment and the focus of dispute between Youku and Liebao.The second part is to describe the basic situation of shielding network advertisements.Firstly,it includes the shielding object, the cause and the behavior feature.Secondly,the author affirms if shielding network advertisements constitute unfair competition,by analyzing the competitive relationship, the damage fact and the acknowledged commercial ethics and public interests.The third part is to conclude the current situation and dilemma that our Anti-unfair Competition Law regulates shielding network advertisements. The main dilemma includes three aspects: the first is that it lacks specific articles;the second is that the legal liability is unscientific;the third is that the rank of the regulations is lower,so the effect of the punishment is poor.The forth part is to analyze the experience of America and Germany as to regulating the behavior of shielding network advertisements.The author concludes some enlightenment from that.The fifth part is to put forward countermeasures on the basis of the former four parts.The author tries to perfect Anti-unfair Competition Law and seeks relevant settlement mechanism in order to provide one effective research thought and method regulating the behavior of shielding network advertisements.