Research On The Legal Regulation Of Commercial Defamation In The Network Environment

The popularization of network and the continuous development of network information technology have altered people's life mode and created a brand new development path for the main body of market economy,resulting that the Internet is penetrating the market economy in all areas on an unprecedented speed.At the same time,the business denigration in the network environment is also increasing,seriously disrupting the fairness and justice.At the same time,the commercial denigration in the network environment is also gradually increasing,which seriously disturbs the fairness and justice market of competition order and hinders the healthy development of the socialist market economy.Therefore,this thesis using the methods of document analysis,comparative analysis and case analysis,on the basis of defining commercial defamation actions and providing an overview of its characteristics and specific form of expression under the network environment,regarding the advantages and disadvantage of the the new revision of the anti-unfair competition law as the breakthrough point,expounds the current situation of the legal regulation of Chinese commercial defamation actions,and analyzes numerous problems,such as under the network environment,the difficulty in identifying commercial defamation,the insufficient punishment and supervision for commercial defamation,and the high lawsuit risk of the behavior of commercial defamation.In order to solve these problems,this paper,by analyzing relevant rules of foreign countries like Germany,Japan,Switzerland for commercial defamation actions in the network environment,taking its essence and combining it with China's market economy development and the actual situation of legal regulation,puts forward to several suggestion in perfecting the legal regulating of the commercial defamation actions under the network environment: The standard of identification of commercial defamation in the network environment can be improved by perfectly constructing the criteria for the identification of subjective aspects and expanding the scope of behavioral objects.It can enhance the penalties for commercial defamation in the network environment by optimizing the statutory compensation limit,improving the criteria for determining the amount of damages,and reducing the limitations of the criminal law on commercial defamation.In addition,it can rationally distribute the burden of proof and improve the electronic forensics system to reduce the litigation risk of commercial defamation in the network environment.Furthermore,the positive role of supervision of commercial defamation in the network environment can be optimized by strengthening the communication and coordination of the regulatory authorities and improving the professional skills of the supervisors.In short,in today's network environment,we must strive to improve the legal regulations on commercial defamation,and endeavour more to comprehensively protect the business reputation and commodity reputation of market operators from being damaged,so as to lay a solid foundation for the stable growth of China's economy.