Research On Legal Regulation Of Internet Advertisement Shielding Behavior

The network advertisement shielding dispute is a new economic dispute with the development of the Internet economy.In the process of dealing with this kind of dispute,the determination of the competitive relationship,the application of the commercial moral terms,the recognition of the business model and the measurement of the public interest are the focus of the dispute.In judicial practice,judges only determine the unfairness of competitive behavior based on a principle stipulation,and the outcome of judgment can not be taken into account.At present,the regulation of the shielding behavior of Internet advertising in our country lacks the clear qualitative and perfect regulation of the specific legal provisions,and the setting of the legal responsibility is not reasonable.The amount of the compensation for the court's judgment is difficult to make up for the loss of the advertising operators,and it is difficult to give punishment to the wrongfully shielded actor,and it is difficult to give full play to the law.Coercion.Because of the difference in market environment and value pursuit,the principle of applying proportion of American and German courts,after balancing the interests of all parties in the economic market,based on the emphasis on the rights and interests of consumers and the encouragement of technological innovation,made the contrary judgment to the court of our country.This will also be a reference for China to regulate the shielding behavior of Internet advertising in the future.To regulate the shielding behavior of network advertising,we should attach importance to the protection of the interests of consumers,use the principle of proportionality,balance the interests of the main body of the market,and apply the principle of technology neutrality to encourage technological innovation.To regulate the shielding behavior of Internet advertising,first of all,we should make a clear qualitative analysis of the shielding behavior of Internet advertising from the legislative level,add specific provisions in the anti unfair competition law,and improve relevant relevant laws and regulations;secondly,strengthen the supervision,and on the one hand,establish a specialized and specialized administrative law enforcement system through administrative supervision.On the other hand,we can improve the self-consciousness of the main body of the market through self-discipline of the industry,standardize the management activities,three,formulate scientific legal responsibility,strengthen the punishment of the illegal behavior,diversify the responsibility of the illegal behavior,and improve the deterrent of the law.