Research On The Regulation Of Internet Advertising Blocking Behavior In Anti-unfair Competition Law

After the Internet companies have divided the market and users,they entered the development period “when users are kings”,and disputes caused by Internet advertising blocking behavior.Based on the research background and development status of Internet advertising shielding behavior,this paper combines a large number of domestic cases and relevant foreign laws and jurisprudence to explore the nature of this behavior in the Anti-Unfair Competition Law.At present,Chinese courts have two judgments on the determination of such behaviors.One is to constitute it is an unfair competition and the other is not enough to constitute an unfair competition.The judgment can be found that the focus of the dispute is on whether there is a competitive relationship,whether the existing business model is worth to protecting,the identification of business ethics,and whether it protects consumer rights.In addition,the new "Anti-Unfair Competition Law" has been implemented for the first anniversary,and the new Article 12,which reflects the characteristics of the times(hereinafter referred to as "Internet Special Articles"),can effectively serve the Internet advertising shielding behavior or not.The identification and regulation is also a matter of concern to the judicial practice and academic circles.This article is divided into five chapters for analysis:The first chapter is an overview of Internet advertising shielding behavior,mainly introducing the background,connotation and type of this behavior.The second chapter is the classic case analysis of disputes caused by Internet advertising shielding behavior in China.Combining the classic cases,it analyzes the judgment logic of the court.The third chapter is the current identification standard of Internet advertising shielding behavior from the "Anti-Unfair Competition Law".Through the study of the "competition relationship",the "unfair competition law" general provisions and the "non-public interest necessary non-interference principle" applied to the Internet advertising shielding case problems,this article considers the combination of the "unfair competition law" legislation Objective To use the "proportional principle" in the "interest measure method" to determine this controversial behavior is more reasonable;The fourth chapter is the introduction of the theory of Internet advertising shielding behavior in the United States and Germany and the enlightenment obtained;The fifth chapter is a recommendation to regulate the behavior of Internet advertising in China.