Legal Regulation Of Unfair Competition Behavior In Network Live Broadcast

The year 2016 has been called "the first year of network broadcast" by many people.Since 2016,network broadcast has developed into an emerging industry involving economy,culture,life,politics and other fields.Nowadays the hot network with live broadcast,network game,network show live etc.At the same time of create enormous wealth,also has given rise to many live webcast ACTS of unfair competition,such as false advertising,the illegal broadcast live others,such as the content,the malicious poaching of serious damage to the live webcast industry order and in the interests of the operators,if not checked regulation cause industry environment deterioration,eventually damage the interests of consumers.In2017,China’s Anti-Unfair Competition Law(hereinafter referred to as Anti-Law)added a special article on the Internet,which shows that legislators have also realized the necessity of regulating unfair competition in the Internet field.Network broadcast is an emerging industry with huge economic value.However,China’s newly revised anti-law still has limitations in regulating unfair competition behaviors in network broadcast,which is not conducive to regulating frequent unfair competition behaviors in network broadcast.Therefore,in order to promote the healthy development of the industry,it is necessary to regulate the unfair competition behaviors in the network broadcast and improve the corresponding legal system,so as to maintain the order of the network broadcast industry and protect the interests of the network broadcast operators and consumers.This paper takes the unfair competition behavior in network live broadcast as the research object and analyzes the characteristics of unfair competition behavior in network live broadcast.Classify the unfair competition behaviors of network live broadcasting by combining the cases and specific provisions of anti-law;Analyze the necessity and rationality of regulating unfair competition behavior of network live broadcasting,and summarize the current situation and limitations of regulation in China based on the case.Finally,it puts forward some suggestions to improve the legal regulation of unfair competition behavior in China’s network live broadcasting.In addition to the introduction,this paper has five parts:The first part is the overview of unfair competition behavior of network broadcast.In combination with the provisions of anti-law and the characteristics of network broadcast,this part defines the unfair competition behavior of network broadcast,and analyzes the characteristics of unfair competition behavior of network broadcast by comparing with traditional unfair competition behavior.The second part is the path selection of legal regulation on unfair competition behavior of network live broadcasting.This part analyzes the limitations of traditional intellectual property law in regulating unfair competition behavior of network live broadcasting based on cases,and puts forward the compatibility of anti-law in regulating such issues.Firstly,from the aspects of subject,competition relationship,behavior legitimacy and subjectivity,it proposes that unfair competition behaviors in network live broadcasting can be regulated by anti-law.Then,it proposes that anti-law has advantages in regulating such issues and that anti-law can provide legal support for the trial of such cases.The third part is the specific approach of legal regulation of unfair competition behavior in network broadcast.This part is divided into regulation of specific terms and regulation of general terms.Combined with the case,this part makes a typed analysis of unfair competition behaviors of online live broadcast regulated by specific terms and general terms.The fourth part is the problems existing in the legal regulation of unfair competition behavior of network live broadcasting.From the perspective of judicial determination,this part analyzes the limitations of Article 2 of the Anti-Law in regulating unfair competition acts of network live broadcasting,and discusses the problems existing in judicial remedy of unfair competition acts of network live broadcasting in China based on cases.The fifth part is the suggestion of perfecting the legal regulation of unfair competition behavior of network live broadcast.According to the existing problems mentioned above,it is proposed that the application of the general provisions of antilaw should be restricted,the general provisions should be materialized,and the possible path of perfecting the judicial relief should be explored.In this way,the unfair competition behavior of network broadcast can be regulated and the normal industry order can be prevented from being damaged due to the abuse of general provisions,and the legitimate rights and interests of network broadcast operators and consumers can be protected.