On Legal Regulation Of Commercial Defamation In China's Internet Field

In recent years,the commercial competition in the field of Internet has become more and more fierce.In order to gain a competitive edge and gain more market shares in the market competition,more and more market operators implement commercial defamation on their competitors on the basis of the advantages of virtuality,openness and anonymity of the Internet in the aspects of information dissemination,Public opinion guidance and other advantages.Compared with the traditional commercial defamation,commercial defamation in the Internet field is characterized by high technology,reciprocity,extensive influence and low illegal costs.How to avoid the commercial defamation in the Internet and how to quickly eliminate the influence and reduce the damage after the occurrence of commercial defamation so as to return to the original status as soon as possible is an important issue to be solved urgently.Although the newly revised Anti-Unfair Competition Law of our country has added some provisions on acts of unfair competition in the Internet field,However,the commercial defamation in the internet has not yet been clearly stipulated and it can not fully and scientifically reflect the need of anti-unfair competition in the Internet field.As a result,there is no reliable legal basis for cracking down or sanctioning commercial defamation in the Internet field in our country.Based on the general interpretation of commercial defamation in the Internet,this paper will deeply analyzes the dilemma of China's legal regulation of commercial defamation in the Internet and draws on the advanced experience of some major developed countries to explore the perfect policy of regulation of law on commercial defamation in the Internet field.This article focuses on the commercial defamation in the field of Internet and its legal regulation mainly from the following five parts to discuss:The first part " Introduction",based on the theory of anti-unfair competition law,elaborates the theoretical value and practical significance of regulating commercial defamation in the Internet field,points out the research status at home and abroad,and explains the research ideas and research methods.The second part,"General Interpretation of Commercial Defamation in the Internet Field," analyzes the concept and composition of traditional commercial defamation,discusses the meaning of commercial defamation in the Internet field and its high-tech,reciprocity,extensive influence and low illegal costs and other features for in-depth.Also it summarizes three main manifestations of commercial defamation in the Internet field and lays the solid foundation for the next study.The third part,"China's Dilemma for Legal Regulation of Commercial Defamation in The Internet Field" is based on the actual situation in our country.By enumeration and analysis,the paper summarizes,as far as possible,the dilemma of China's current legal system of commercial defamation in the Internet field,namely that the behavior is difficult to identify,the responsibility is difficult to determine,the compensation system is flawed,and inefficient administrative enforcement of law.The fourth part is "the Legal Regulation of Commercial Defamation in the Internet of the USA and Germany and Its Enlightenment".By analyzing the legal provisions of the Usa and Germany on such acts,we can find the advanced experience that is fit for our national conditions,and it will provide experience the legal regulation for us to perfect it.The fifth part,"Reflections on Perfecting Legal Regulation of Commercial Defamation in China 's Internet Field",after systematically combing the four predicaments in the legal regulation of commercial defamation in China's Internet field,which is the behavior is difficult to identify,the responsibility is difficult to determine,the compensation system is flawed,and inefficient administrative enforcement of law,we put forward concrete suggestions for improvement,that is,Clear definition of the conditions for commercial defamation in the Internet field,improve the system of legal liability for behavior,improve the legal system of compensation and strengthen the efficiency of law enforcement of commercial defamation in the Internet field,so as to regulate as far as possible more comprehensive commercial defamation in the Internet field and ensure the strenth of regulation so as to ensure the sustainable and healthy development of the Internet economy.