On The Competition Law Regulation Of Blocking Internet Advertising In China

In recent years,the development of the Internet industry has led to many cases,among which the cases caused by Internet advertising shielding occur from time to time,such as "Baidu V Qihu case","iqiyi V geek case","Tencent V world Xinghui case",etc.This kind of case has become the focus of social attention,and it is an existence that can not be ignored in the Internet unfair competition cases.Such cases will have an unpredictable impact on the legal interests protected by competition law,such as the interests of operators,consumers and market competition order.There are still different understandings on whether the new article12 reflecting the characteristics of the times in the anti unfair competition law can effectively identify and regulate the Internet advertising shielding behavior.At present,there are two situations in the court’s judgment of this kind of behavior,one is that the behavior constitutes unfair competition,the other is that the behavior is not enough to constitute unfair competition.Therefore,the legal regulation of blocking Internet advertising is still an important legal issue to be solved.This thesis uses normative analysis,empirical analysis and comparative analysis to study the legal regulation of blocking Internet advertising in China.In addition to the introduction and conclusion,the full text is divided into four parts.The first part is an overview of the legal regulation of blocking Internet advertising.Including the definition of blocking Internet advertising behavior,qualitative content.Internet advertising blocking behavior is a kind of behavior that is committed to blocking Internet advertising,so that network users can obtain excellent viewing experience;it is a behavior that competitors rely on browsers,routers and other servers,and use the software independently developed or developed by others through technical means to block the advertising placed by video websites.The behavior of blocking Internet advertising is highly professional and technical,which is the expansion and extension of legal competition.Compared with the general tort,the possibility of repeated infringement is very high.Therefore,we should comprehensively judge whether blocking Internet advertising belongs to unfair competition,and maintain the order of free market competition by weighing the interests of operators,consumers and social public interests.The second part is the current situation and problems of the legal regulation of blocking Internet advertising in China.Through the induction and analysis of the relevant classic cases,as well as the "Anti Unfair Competition Law" on the elements of Internet advertising shielding behavior and the provisions of the identification standard,this thesis believes that the existing problems in the legal regulation of Internet advertising shielding behavior in our country are mainly reflected in the following aspects: the court has excessive discretion in regulating Internet advertising shielding behavior,and the Internet is connected In the field of Internet,the standard of business ethics is not clear,the principle of non-public necessary non-interference is lack of legal support,and the "Internet article" can not completely cover the shielding of Internet advertising.The third part is the legal regulation and reference of blocking Internet advertising in Germany and the United States.Through the comparison,we can find that Germany and the United States pay attention to the protection of consumers’ right of choice and consumption experience,and also pay attention to the balance of the substantive interests of all parties.The significance of Germany and the United States is to pay attention to the protection of consumers’ rights and interests and judicial intervention in the market.The fourth part is to improve the legal regulation of blocking Internet advertising,which is the core content of the full text.This paper proposes to establish the principle of interest balance,choose the perspective of protecting the interests of consumers,promulgate relevant judicial interpretation,strengthen administrative law enforcement and other measures to improve the regulation of Internet advertising behavior in China,as well as the establishment of internal dispute resolution mechanism,innovative advertising delivery mode and other supporting measures.From the legislative,judicial,law enforcement,law-abiding aspects to better regulate China’s blocking Internet advertising behavior,in order to promote the healthy development of the Internet market.