Research On The Legal Problems Of Internet False Advertising Infringement

Since the beginning of the 21 st century,the information technology revolution has brought technological innovation to the production and life of modern people.Internet connects country-region-family-individual organically,accelerates the speed of information dissemination,and promotes the emergence and rapid development of e-commerce.As a brand-new way of trade-the rise of e-commerce,first of all,created an application space for Internet advertising,plus its rich forms of expression,technology,creative space and cost of benefits.Whether the operator or the general audience of consumers,the acceptance of Internet advertising is high,further spawned the development of its industry.Due to the open and virtual characteristics of the Internet,the illegal cost of false illegal advertising on the Internet is lower,the means are more hidden,and the harm is more extensive.China's attitude towards false illegal advertisements on the Internet has always been clear and powerful.The promulgation of the interim measures for the Administration of Internet Advertising,the revision and amendment of the Law on Advertising successively,and the revision of the Law on Anti-unfair Competition were also carried out in 2018.A clear guide is given to cross-cutting issues with the Advertising Act in the areas of false advertising and false publicity.The State Administration for Market Regulation is actively performing its duties: organizing working meetings,publishing typical cases of false advertising violations,and entrusting the Internet Monitoring Center to monitor advertisements within the scope of some platforms' websites.But,Internet false advertisement infringing chaos still emerge endlessly,illegal subject fluke psychology still exists.Internet false advertisement torts the consumer's trust emotion,causes the personal and property rights and interests to be damaged,infringes the competitors' fair competition right and the intellectual property right holder's rights,conforms to the tort law should bear the damage compensation.However,in the process of dealing with and regulating the infringement of Internet false advertisement,there are a series of deficiencies in legislation,law enforcement and judicial practice.The simplification of imputation principle and the traditional burden of proof have brought obstacles to the relief of consumers.The unclear responsibility of the subject leads to the asymmetry of the duty of responsibility.Moreover,the continuous upgrading of Internet information technology serviceswill certainly bring greater challenges to the regulation of Internet false advertising infringement in the future.This article is divided into four parts:The first,this paper is an overview of the infringement of false advertisements on the Internet.With the entry of false advertisements on the Internet,this paper defines the behavior nature of false advertisements on the Internet conceptually,and expounds the characteristics of the infringement of false advertisements on the Internet.Summarize the governance basis for regulating the infringement of false advertising on the Internet.The second,mainly discusses the present situation of the civil legal rules of the Internet false advertisement infringement in our country,and expounds the imputation principle,liability division and litigation relief of the Internet false advertisement infringement according to the different categories of the rules.In view of the characteristics of Internet false advertising infringement,this paper puts forward the existing problems.The third,mainly expounds the specific system of foreign legal rules on the infringement of false advertising on the Internet,starting with the relevant legal systems,liability rules and regulatory systems of the United States and Japan,etc.,analyzes and analyzes the relevant legal systems,liability rules,and regulatory systems of the United States and Japan.Drawing lessons from the civil legal rules of the United States and Japan on the infringement of false advertising on the Internet,this paper provides useful enlightenment for perfecting the regulation of the infringement of false advertising on the Internet in our country.The fourth,according to the problems put forward in the legal provisions and principles of Internet false advertising infringement,combined with advanced overseas experience,this paper puts forward some countermeasures and suggestions for perfecting the legal rules of Internet false advertising infringement.This paper discusses the basic problems of Internet false advertising infringement by using the method of literature research,analyzes in detail the problems encountered in the identification and litigation relief of Internet false advertising infringement,and absorbs the advanced experience and mode outside the country.The innovation of this paper lies in the analysis of the background of Internet false advertising infringement is different from the past,combined with its tort liability identification and litigation relief level analysis of the problems encountered systematically put forward countermeasures and suggestions.In order to deal with the infringement of false advertising on the Internet,we should adhere to the radical cure of the source.On the one hand,we should expand the application on the basis of the existing laws,carry out targeted legislation and update the relevant supporting laws and regulations in a timely manner,and refine the advertising.Content standard;On the other hand,it is necessary to absorbthe advanced legislative experience of different countries in Internet false advertising,and combine the characteristics of China's Internet advertising market to build a Chinese model with strong adaptability.We should strengthen the moral construction and legal system publicity of Internet advertising,clarify the principle of tort responsibility and the responsibility to further improve the regulatory system of the Internet advertising industry in China.