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Research On The Legal Regulation Of Unfair Competition Acts In My Country's Webcasting

Posted on:2020-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2436330599455910Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Network over the past two years,live in the world spread,the domestic Internet companies have launched their own live platform,remove to live show for the main business of the traditional enterprise,cell phone terminal APP extend existing web video broadcast services,emerging live enterprises is emerging,focus on providing diversified live online video service,some live business related comprehensive sites such as Tencent,Sohu,iQIYI are trying to provide live online service for users,webcast of unfair competition law applicable in the study also gradually cause the attention of academic circles.At present,the academic research on the legal protection of online game live broadcast has made some extremely beneficial institutional achievements for promoting the supervision of online game live broadcast,but most of them only focus on the discussion of copyright and lack the research on the construction of relevant market order.To focus on improving the live webcast market competition order system,using the handle webcast case anti-unfair competition law,anti-unfair competition law correctly apply effectively solve the webcast dispute case,defend the bottom line of ethics,market competition and judicial guidance for economic activity,at the same time,not too much intervention in the market competition,the author try to live by constructing network ACTS of unfair competition law regulation system to cohabitancy.This paper defines the unfair competition behavior of network broadcast from the perspective of application of competition law,enumerates the unfair competition behavior mode of network broadcast,and analyzes its causes and particularity.This paper expounds the problems of competition relations,business ethics and the application of general legal logic in the regulation of unfair competition behavior of network broadcast in China,in order to improve the system of administrative law enforcement.With reference to the regulatory experience of unfair competition of webcast in the United States,Germany and Singapore,and the joint efforts of business ethics in the United States,the core of business ethics should be Internet freedom,and the basic defense line of business ethics should be established with sound laws and regulations,so as to promote the formation of a benign business ethics atmosphere by flexible means.The top-down top-level design is completed by comparing with the design idea that Germany adheres to in the governance of internet-related issues.Learn from Singapore's experience in unfair competition administrative law enforcement,multi-subject comprehensive law enforcement,enterprises,consumers,social collaboration to promote the formation of regional network standards.Combined with the current situation of unfair competition in network broadcast,this paper puts forward Suggestions on improving the legal regulation of unfair competition in network broadcast.On the new thinking of competition relation recognition: taking the operator as the premise,the recognition relation is not limited to the competition within the same trade,and the determination of boundary equilibrium is free and fair;It is necessary to distinguish the boundary between business ethics and daily morality when judging the unfair competition behavior of network broadcast by citing business ethics,and restrict the use of industry rules to identify the conditions of business ethics in the Internet domain.Further improve the general provisions of the applicable supporting regulations.Establish authoritative,independent one-way law enforcement departments,improve the relevant jurisdiction system,and build the network broadcast unfair competition administrative law enforcement system.
Keywords/Search Tags:Network direct broadcast, Anti-unfair competition, general conditions, business ethics
PDF Full Text Request
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