Research On Legal Regulation Of Commercial Confusion Behavior On Network Platform

With the rapid development of the Internet,the continuous integration of the Internet and the economy and society,the network platform emerged as the times require and become an indispensable part of the public life.Through these platforms,we consume,entertain,handle business,etc.The huge commercial value is fierce.The competition inevitably produces a series of unfair competition behaviors.In the context of the Internet,its wide range of coverage and rapid dissemination should attract our attention.There are many kinds of unfair competition behaviors on the Internet,and each has different performance types.Through the systematic analysis of the revised contents of the newly promulgated "Anti-Unfair Competition Law",this paper selects the angle of commercial confusion behavior to conduct legal regulation research.Article 6 of the newly revised Anti-Unfair Competition Law clearly puts forward the concept of “confused behavior”,adding special clauses on the main part of the domain name,website name and web page,and incorporating market competition behavior in the Internet field into the adjustment scope.It is also a significant sign of the arrival of the Internet era,but the development of network technology is changing with each passing day,and the inherent lag of the law makes it less than enough to cover new problems,which in turn leads to the lack of judicial guarantees,the difficulty of electronic forensics,and the matching with it.The law enforcement system is also not perfect,and there are certain flaws,which leads to the inevitable predicament of the legal regulation of commercial confusing behavior on the Internet platform.Therefore,in order to better protect the legitimate rights and interests of the operators and consumers of the network platform and ensure the healthy and orderly operation of the network economy market,China must constantly reflect on the legal regulation of the commercial confusion of the network platform.The networkeconomy started late,but The development speed is fast.With the development of the times and the advancement of technology,the form of network confusion behavior will be more new and diverse.Relevant theoretical research and practical exploration should also be constantly updated and advancing with the times to adapt to the overall trend.This paper starts with the above enumerated issues,focuses on the revision of the new law,analyzes the commercial obfuscation behavior of the network platform and its legal regulation recommendations.The discussion consists of four parts: The first part,grasping the concept and type of confused behavior from a macro perspective,and Concretely into the network platform,explore the requirements and forms of commercial confusing behavior,combined with typical cases,analyze the application of legal provisions and the problems reflected by the case,and lead to the following discussion.The second part summarizes the status quo of the legal regulation of commercial confusing behavior on the network platform,compares and analyzes the special articles and related laws and regulations of the confusing behavior in the newly revised Anti-Unfair Competition Law,and evaluates the meaning of its modification.Deficiencies still in the law,as well as a large number of problems in legal affairs.In the third part,in view of the relatively early foreign legislation on commercial confusing behavior of online platforms,has rich practical experience,uses comparative analysis method,combines the views of relevant scholars,compares foreign legal provisions.The advanced legislative techniques represented by the developed countries in the West and the distinctive systems have enlightened and used the commercial confusion of the regulatory network platform in China.Learn from the role.The fourth part,based on the theoretical analysis of the previous four parts,elaborates on three aspects: perfecting legislation,clarifying the scope of the subject and responsibility,strengthening law enforcement,and strengthening the judiciary,and puts forward specific suggestions on the legal regulation of commercial confusion behavior on the network platform.