Research On Legal Regulation Of Improper Behavior Of Internet Advertising In China

The improper behavior of network advertisement refers to the operators who in the network economic activity,relying on the Internet technology,taking use of the network advertisement to carry on the propaganda and promotion by which way would violate the relevant regulations of the law.,do harmful to the participants in other network and/or any activities would damage the legitimate rights and interests,general violations or the threat of interference damage to the Internet economy order.For the improper behavior of network advertisement,in the early days,our country did not have effective means of regulation.On the one hand,the regulation method of morality does not have a significant effect,On the other hand,for the method to resort to the law,unfortunately there is no perfect law can be cited as the basis for the network.This causes the adjustment of our country to the network advertisement behavior has reached the deadlock,With the development of network technology,improper means of online advertising is more subtle,it is more difficult to adjust the improper behavior in Internet advertising.Many illegal acts derived from network advertisement in the absence of effective legal guidelines for the case,mainly for false advertising,defamatory,PPC advertising network,the use of spam advertising network,plagiarism web advertising,and other improper behavior in Internet advertising..This paper is divided into five parts,the details are as follows:The first part is introduction.First of all,this part introduces the research background and research significance of the legal regulation of the problems related to improper behavior in online advertising in China.In 2015,China promulgate the revised Advertising Law which is effected From Septemberl,2016,the Interim measures of Internet Advertising management passed by States administration for industry&Commerce had been formally implemented.On November 4,2017,Peoples Republic of China Anti-Unfair Competition Law had been revised and passed by The Standing Committee of the Twelfth National Peoples Congress,and from January 1,2018,the law had been formally implemented.Secondly,this part introduces the research status of the problems related to the improper behavior in Internet advertising at home and abroad by means of literature review.Thirdly,this part puts forward the viewpoint of this article based on three different definitions of the theory of improper behavior in Internet advertising.At the same time,it puts forward the duality characteristic of factual and normative of online advertising improper behavior.Afterwards this part introduces the research methods of document analysis,case analysis and economic analysis adopted in this paper.Finally,this part introduces the research innovation of this article,including to find out the countermeasures to regulate the improper behavior of network advertisement from three aspects:legislation,judicature and law enforcement and clear rules for calculating loss of reputational goodwill.The second part reviews the reality of the problems related to improper behavior in online advertising.Firstly,it introduces the manifestations of improper behavior in fake online advertisements,and carries out specific cases in combination with related cases.Secondly,it introduces the manifestations of improper behavior that denigrate the online advertising of goodwill and carries out the concrete expansion with the relevant cases.Thirdly,it introduces the manifestations of improper behavior in online advertising of PPC,and carries out the concrete expansion with the relevant cases.Fourthly,it introduces the manifestations of the improper behavior in using online advertisements of spam emails,and carries out the specific unfolding with relevant cases.Fifthly,it introduced the manifestations of copying the improper behavior of other websites' online advertising,and carried out the concrete expansion with the relevant cases.The third part points out the dilemma facing the regulation of the problems related to the improper behavior in online advertising in our country.First of all,the regulation of"too principle" caused online advertising improper behavior regulatory blind spots,the lack of implementation of the rules increased the randomness of administrative law enforcement;Secondly,the imperfect legal regulatory system is difficult to guarantee the normal order of online advertising market;Finally,Punitive efforts are not enough to indirectly encourage advertisers,digital marketing companies and digital media to take the risk.In the fourth part,we find the crux of the problems related to the improper behavior in online advertising in our country.Among them,from the legislative,judicial,law enforcement three aspects of the fake online advertising improper behavior occurred for a reason analysis.There are deficiencies in legislation:lack of legislation,unclear laws and imperfect laws.Judicial weakness:insufficient judicial basis,lack of jurisdiction,difficulty in collecting case evidence.There are many limitations in law enforcement:law enforcement is outdated,abuse of law enforcement powers and insufficient enforcement power.The fifth part puts forward some countermeasures to the problems related to the improper behavior of online advertisement from three aspects:legislation,judicature and law enforcement.First of all,in terms of legislation,perfecting the improper behavior of fake online advertisement,vilifying improper behavior of goodwill online advertisement,improper behavior of online advertisement in PPC,improper behavior of using junk mail advertisement and copying internet advertisement from others' website on the rules for the determination of legitimate competition.Secondly,in terms of justice,we should promote the formulation and revision of relevant laws,improve the judicial supervision mechanism of administrative law enforcement and the judicial convergence mechanism of optimizing legal responsibilities.Finally,in terms of law enforcement,we should change the way of law enforcement,standardize administrative law enforcement and prevent abuse of law enforcement powers,and strengthen the power of administrative law enforcement.