Research On The Regulation Of The Internet Commercial Sppech In China

In recent years,the consumption pattern of Chinese citizens is undergoing considerable changes.According to related statistical data,more and more consumers choose to conduct transactions online,and the Internet economy also occupies an increasing proportion in the economic development of our country.In the process of booming Internet economic market,Internet commercial speech,as a main way for Internet merchandise or service proprietors to carry out advertising campaigns,has played an important role that cannot be ignored.Meanwhile,regulation of Internet commercial speech has gradually come into the view of the public.Internet commercial speech is a part of commercial speech,its publication and dissemination must be regulated by law.Internet merchandise or service proprietors should not use Internet commercial speech to carry out false publicity or unfair competition behavior,or use illegal Internet commercial speech to harm the legitimate rights and interests of consumers and competitors.However,at present,regulations of Internet commercial speech of anchors in e-commerce live broadcast and Internet commercial speech on social platforms are relatively lacking in our country,resulting in no remedy for infringement of consumer rights and interests in practice.Therefore,it is necessary to clarify the connotation and extension of Internet commercial speech,and bring the emerging new commercial propaganda into the scope of Internet commercial speech to regulate through the combination of self-discipline and heteronomy.In addition to the introduction and conclusion,this paper contains the following four parts:The first part introduces the connotation,characteristics and types of Internet commercial speech.It also clarifies four elements to identity Internet commercial speech: subject,object,purpose and carrier,which can bring the the speech of e-commerce anchors and web celebrity implicit advertisements in social platforms into the scope of Internet commercial speech.The first part also expounds the significance of regulating online commercial speech.The second part,starting from the legislation,law enforcement,industry self-discipline and social supervision four aspects,describes the present status of the Internet commercial speech regulation in China with the objective point of view,and introduces the current laws and regulations related to commercial speech currently,the relevant law enforcement departments and standards,industry self-discipline organization and social supervision,etc.The third part,based on the current situation of regulation of Internet commercial speech in China,analyzes the problems existing in the regulation of Internet commercial speech of our country,such as the lack of laws,the failure of government supervision,the lack of industry self-discipline and the absence of social supervision.The fourth part,based on the above problems,builds the regulation system of Internet commercial speech in China,and explores feasible ways to improve the regulation system of Internet commercial speech of our country.In terms of legislation,it is necessary to perfect the legal norms and clarify the principle of proportionality,and allocate various forms of responsibility.And we should also pay attention to the principle of proportionality to prevent excessive regulation of the freedom of Internet commercial speech.In terms of law enforcement,teams of functional departments should be optimized,a black and white list of Internet commercial speech should be created,and cooperation with online information platforms should be strengthened to improve law enforcement efficiency.In terms of industry self-discipline,we can establish a third-party review organization to restrict illegal Internet commercial speech,and let they correct and check each other also helps.It is also possible to establish a credit evaluation system for members of the self-regulatory organizations to strengthen the self-regulatory awareness of the industry.In terms of social supervision,Internet commercial speech can be regulated through unimpeded channels of consumer supervision,establishment of reward mechanism for reporting,and strengthening supervision of public opinion by news media.Through above ways we can build a multiaspect Internet commercial speech regulation system.On the one hand,it can help to regulate the Internet commercial speech more scientifically and more reasonably,and at the same time,to effectively protect the legitimate rights and interests of consumers.On the other hand,it can also protect the merchandise proprietors’ rights to exercise the freedom of Internet commercial speech,and make the Internet commercial speech maximize its utility to promote the prosperous development of the Internet business market of our country.