Research On The Regulation Of Competition Law Of Online Advertising Shielding Behavior In China

With the development of the Internet,there are more and more new unfair competition behaviors caused by the Internet,among which the Internet advertising blocking behavior is one kind.China’s New Anti-Unfair Competition Law in 2018 added 12 "special Internet articles" to regulate new types of unfair competition on the Internet,but the relevant provisions of the law do not cover such acts.At present our country court are almost based on "the anti-unfair competition law" general terms and conditions of the judicial referee,the referee thought to determine the defendant shielding behavior destroy the video website advertising operator on the implementation of "free video + advertising" business model,in violation of the principle of good faith and business morality,thus determine constitute ACTS of unfair competition.View of the court’s ruling in China,theory and practice there are a lot of controversy,many scholars believe that business model is not a layer of constant,should not be absolute protection,and business ethics standard is too abstract,at the discretion of the judge in the judicial referee will be expanded,It’s likely to inhibit the development of the market,inhibition of technology innovation,does not comply with the legislative purpose of competition law.Therefore,in the face of this controversy,it is necessary to study how to use competition law to regulate online advertising blocking behavior.This paper consists of four chapters in structure.The first part is an overview of online advertising shielding behavior,aiming to analyze the concept and classification of online advertising as well as the characteristics and ways of online advertising shielding behavior,and finally clarify the impact on the interests of all parties,which is the premise and basis for studying the legal nature of online advertising shielding behavior.In the second part,based on the current judicial status of typical cases of online advertising shielding in China,the author believes that the competitive relationship should be understood in a broad sense,that the business model is not necessarily protected by law,and that the principle of technological neutrality and public interests should also be considered as the factors to determine its legitimacy.Finally,it concludes that there are some problems in the judicial determination of this act,such as the inability to cover this act in the "Internet special clause",vague business ethics standards "ingeneral clauses",and inadequate protection of consumer interests.The third part analyzes the legal regulation experience of the Germany and the United States,the representative countries of the Continental law system and the Common Law system,from which we learn that both countries focus on protecting the legitimate rights and interests of consumers,encouraging technological innovation,and the judicial system should not excessively interfere with the market.Finally,in view of the existing problems in the legal regulation of online advertising shielding behavior in China,based on the judicial reality of China,it is proposed that to improve the legal regulation of online advertising shielding behavior in China,we should improve the "Internet special clause";Refine the standards of business ethics;A feasible proposal to introduce the principle of benefit measurement.