Research On Legal Regulation Of Network False Propaganda

As one of the most common manifestations of unfair competition in the Internet,cyber false propaganda is becoming more and more common in the rapidly evolving world of e-commerce.Operators seek more trading opportunities,increase market share,and obtain higher profits.Use this method to conduct illegal operations.There is no essential difference between false propaganda and false propaganda.As a projection of false propaganda in the network environment,relying on Internet technology,it also has some unique characteristics.The network false propaganda has a series of features such as the diversity of propaganda methods,the interactivity of propaganda methods,the obligatory mode of dissemination,the technicality of illegal means,the wide range of propagation,and the high speed,and the main body can use the network to break through the limitations of space-time,according to the demand.Controlling the duration of illegal activities and disseminating false information has seriously damaged the fair competition rights of other competitors in the market,disturbed the order of market competition,and infringed on the legitimate rights of consumers,and its degree of harm was even worse than the traditional false propaganda.The regulation of network false propaganda is an inevitable requirement,but in the process of regulating the false propaganda of the network,there are mainly problems such as the inconvenience of judiciary jurisdiction,imperfect supervision mechanism,unreasonable distribution of burden of proof,etc.Legislation for the regulation of false propaganda is not yet sound,leading to an explosive growth trend in China's current network of false propaganda.Based on the newly revised“Unfair Competition Law" passed by the Standing Committee of the National People's Congress on November 4,2017,this article sorts out the main laws and regulations that govern the false propaganda of the Internet in China.It exists in the regulation of China's false propaganda on the Internet.The above problems are solved by adopting the legislative model and the regulatory model of the civil law system,the Anglo-American law system countries.The following points are put forward:(1)In the context of the implementation of the newly revised "Unfair Competition Law," the law stipulates the conduct of false elections on the Internet,and formulates a law that specifically regulates the false propaganda of the Internet.With a view to regulating the false propaganda of the Internet in a comprehensive and systematic manner,the Supreme People's Court should address the difficulties and doubts in the practice of network false propaganda in order to solve the problems of poor legal practice and lagging behind and ensure the stability of the law.Promulgated corresponding judicial interpretations;Finally,due to the characteristics of the characteristics of the Internet based on the false propaganda behavior of the Internet,some new situations,new features,and new issues will appear in practice.The Supreme Court shall issue timely guidance cases to avoid similar issues.The result of the referee was not the same.(2)In response to law enforcement,such as cross-enforcement and administrative agency inaction,in the context of the institutional reform of the State Council,the establishment of a unified market supervision and comprehensive law enforcement team under the background of the establishment of the State Market Supervision Bureau;We will use the initiative of self-regulatory organizations to implement the pre-examination system.(3)Under the network environment,the basis for the definition of jurisdiction over traditional jurisdiction becomes obscure,such as the place where the act is performed,the place where the result occurs,and so on.Therefore,it is not possible to effectively define the jurisdiction of the network for false propaganda cases.In this case,the use of the principle of agreement and the closest connection is the best way to solve this problem.When transnational cases are involved,the conclusion of bilateral or multilateral treaties through the signing of international treaties can effectively and quickly solve false propaganda on the Internet.The jurisdictional issues involved in the case.(4)Establishing internal rules for the industry and enhancing the self-discipline of internet practitioners is a powerful means to restrain the proliferation of false propaganda from the source;relying on government supervision to solve the problem of false propaganda on the Internet is far from enough,only to improve the rights of the public Consciousness,supervising consciousness,actively mobilizing the power of the public can fundamentally solve the network false propaganda behavior.The author proposes the above ideas in order to contribute to the improvement of the false propaganda behavior of China's regulatory network.