The Legal Regulation Of The Commercial Defamation Under The Network Environment

With the rapid development of China's economy,the market competition is becoming more and more fiercely,at this time,a good reputation of the enterprise can make it have a clear advantage in the competition.The fierce competition in the market has led to the emergence of many problems.In recent years,the cases of slander goodwill have been occurrence frequently,from the traditional domain to the network.Slander goodwill behavior is a typical act of unfair competition,it will not only cause serious damage to the legitimate operators' commercial reputation and commodity reputation,infringe upon the legitimate rights and interests of consumers,more than enough to cause a certain degree of impact on the normal order of market economy.Compared with the traditional domain and the network environment,there are obvious differences between infringement ways and infringing content.In addition,the network has the characteristics of concealment,anonymity,rapid propagation,and so on,which leads to the damaging consequences caused by the defamation of goodwill.China's "Anti-Unfair Competition Law" did not make detailed and specific provisions on commercial defamation,legal liability is not much involved,make China's competition law has lagged behind the development of the real society.Throughout most of the relevant laws and regulations in developed countries,they all have been improved the level of protection of the right of goodwill in the era of rapid development of network technology.Therefore,to accelerate the improvement of relevant laws and regulations of our country,and to establish a set of mechanisms of commercial defamation for China's current stage of development as soon as possible,strengthen the protection of legitimate operators in the market,has become imminent.In this paper,the author takes the analysis of the traditional defamation goodwill as a breakthrough.On the basis of finding and studying a large number of laws and regulations,book materials,and court decisions,the author discusses the special forms of defamation in the network environment,the new features and the problems existing in the relevant laws of our country,combined with the current international advanced legislative experience.The purpose of this article is to offer some suggestions to set up a system of the goodwill defamation of the network legal regulation,and make sure that suitable for China's national conditions.