| Commercial defamation online is a cheap,secretive and destructive way to defame one's business rivals,with its damage on market order and social trust as well.Since its number skyrokets,we must rethink about its legal regulation strategy.Commercial defamation online features on its complicated infringers and its legal regulation faces the challenge to balance the limited judicial resources and unlimited infringers involved.Therefore,we studied on the legal regulation strategy on commercial defamation online by the method of economic analysis to balance its effective punishment and the freedom of speech.Thus we concluded with the system to regulate different infringers with different judicial discretion standards according to their numbers,sensibility to the punishment and accessibility to the truth.That is to say,we can make it better by targeting the keymen like the sponsor company,PR agency and their senior managers,by deterring the netizen involed with the possibility of criminal punishment,and by pardoning the network service provider if it is not unacceptable.To perform the legal regulation strategy above,we shall ease the difficulty level for the investigators in procedural law and clear obstacles to discipline the keymen in substantive law with the help of the interpretation of existing law and the introduction of foreign law.In view of the procedural law,we tried to perfect the compulsory information disclosure rules in civil procedure,as well as balance the judicial cognition based on the presumption of innocence by introducing the exemption rules of tainted witness.In view of the substantive law,we tried to realize the effective punishment by three ways: to reinterpret the joint crime and unit crime,rethink about the statutory indemnity limit,and research on the feasibility of credit punishment mechanism.With the rules above coordinated and cooperated,the effective legal regulation on commercial defamation online will be realized. |
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