Research On The Competition Law Regulation Of Online Video Advertising Shielding Behavior

In recent years,the new unfair competition behavior in the field of Internet is a hot topic in the academic field,and the shielding behavior of online video advertising is one of the typical manifestations.Although the academic and practical circles pay much attention to this,they have not formed a unified understanding of how to determine the legal attribute of the video advertising shielding behavior.Therefore,how to define the legitimacy of online video advertising shielding behavior? How to improve the competition law regulation path of video advertising shielding behavior in the field of Internet? It is always the key and difficult problem in the theoretical research and judicial practice of competition law.This paper is based on the research idea of "revealing the current situation-putting forward problems-analyzing problems-putting forward suggestions".First of all,it introduces the characteristics of online video advertising shielding behavior and the conformity of competition law regulation;secondly,it analyzes the technical path of competition law regulation of online video advertising shielding behavior;thirdly,it combs and analyzes the judgment of online video advertising shielding cases in China,analyzes the judgment basis,judgment ideas and recognition principles,and summarizes the judgment path Finally,on the basis of clarifying the regulatory deviation of the competition law of China’s online video advertising shielding behavior,this paper puts forward relevant suggestions.In addition to the introduction,the paper is divided into the following five parts:In the first part,the characteristics of online video advertising shielding behavior and the conformity of competition law regulation.First of all,this part mainly introduces the meaning and characteristics of online video advertising shielding behavior,as well as the legal nature of online video advertising shielding behavior,focusing on the analysis of the current main theories,and summarizes them;secondly,based on the analysis of the applicable short board of tort liability law and copyright law regulating online video advertising shielding behavior,it discusses the regulation of online video by competition law The fit of advertising shielding behavior.The second part is the basic path to regulate the shielding behavior of online video advertising by competition law.This part discusses the basic path of the competition law toregulate the shielding behavior of online video advertising,mainly involving the competition relationship,the identification of illegality,the defense reasons and the matching of legal norms.The third part is the introduction and evaluation of typical cases of unfair competition disputes.This part first combs all the judgment documents related to online video advertising screening that can be found in databases such as China judgment document network since2013,and summarizes the current situation of online video advertising shielding cases in China.Then,four typical cases are selected to explain the basic case,the original and the defendant’s claim,the legal basis and the judgment results.Finally,the ideas of the court’s judgment of such cases are summarized.The fourth part,The deviation of the regulation of the competition law of the Internet video advertisement shielding behavior in China.This part mainly combines the judicial situation of the court in our country,and analyzes the main deviations,including the application of legal norms,the defects of judicial authentication in the focus issues,the neglect of the protection of consumers’ interests and the ignorance of the reasonable application of technological innovation.The fifth part is the suggestions of the competition law on the shielding behavior of online video advertisement in China.This paper suggests that: in terms of legislation,we should improve the application conditions of the general provisions of the anti unfair competition law and the "Internet provisions";in terms of judicial regulation,we should apply the judgment path of the principle of proportion;in terms of defense,we should include consumers’ right of choice in the anti unfair competition law,and reserve the reasonable application space of the principle of technology neutrality;in addition,we should also We will improve Internet industry practices and self-discipline conventions and put them under the scrutiny of the anti unfair competition law.The last part is the summary of the thesis,which makes a brief explanation and supplement to the whole thesis.