Research On The Legal Regulation Of Commercial Defamation Under The Network Environment

The progress of network technology has made commercial transactions more frequent and convenient in the network environment.While operators have obtained more trading opportunities and more considerable operating profits,some market players,with the aim of pursuing profits,have resorted to network means to conduct commercial slander against other market players under the protection of network environment.Belittling the commercial reputation and commodity reputation of the other side is an unfair competition to achieve the purpose of enhancing its own goodwill and obtaining more commercial interests.Network science and technology makes commercial defamation spread from offline to online.The governance effect of the traditional regulatory framework of commercial defamation is not ideal,which is difficult to effectively protect the legitimate rights and interests of the infringed,and difficult to maintain the commercial transaction order of fair competition in the network environment.Therefore,this paper uses the literature study method,normative analysis method,case analysis method and comparative study method,combined with the analysis of specific cases in our legal texts and judicial practice,as well as the combing and comparison of foreign typical legal regulations,to study how to regulate the commercial defamation behaviors in the network environment,so as to effectively regulate the commercial defamation behaviors in the network environment.We will maintain a fair and orderly environment for business transactions.Each chapter of this paper focuses on the following contents:The introduction starts from the research background of commercial defamation behavior in the network environment,analyzes its research significance from both theoretical and practical levels,and introduces the research content of this paper and the main research methods of this paper by sorting out the research status at home and abroad.The first chapter is the basic overview of commercial denigration in the network environment.Firstly,starting from the basic concept,the business denigration behavior in the network environment is defined as the extension and expansion of the traditional business denigration behavior,and its behavior mode is divided into two types: self-implementation and the use of other subjects.Secondly,it combs out the remarkable characteristics of commercial denigration in the network environment.Finally,based on the above theoretical explanations,the paper analyzes the components of business denigrating behavior in the network environment on the basis of not breaking away from the traditional theoretical system of business denigrating behavior,but also combining the latest research results in the academic circle.The second chapter is the current situation and problems of the legal regulation of commercial denigration in the network environment.Based on the review of the status quo of legal provisions,law enforcement supervision and judicial practice,this paper puts forward three problems: imperfect legal provisions,insufficient play of the role of supervision mechanism and disputes over civil remedies for damages.The third chapter is the experience of the legal regulation of commercial denigration in the overseas network environment.By combining the problems raised in the last chapter,we investigate foreign advanced practices and comb out foreign legal regulations on commercial denigrating behaviors in the network environment from three aspects,namely legislative content defined by behavior,network information supervision,and civil remedy for behavior damage.The fourth chapter is the perfect way of legal regulation of commercial denigration under the network environment.In view of the problems raised in Chapter two,combined with the experience outside the third chapter,so as to put forward targeted suggestions for improvement.First of all,starting from the improvement of the legal provisions of behavior,the author puts forward three countermeasures to expand the scope of the subject of behavior,define the connotation and extension of objective aspects and adopt a more scientific legislative mode of behavior regulation.Secondly,starting from the optimization of regulatory mechanism,it proposes to strengthen the coordination and cooperation between regulatory departments,give full play to the role of industry self-regulation and improve the supervision of online platforms.Finally,three suggestions are put forward for the improvement of civil remedies for damages,that is,to clarify the application of apology,to clarify the consideration of discretionary factors for damages and to improve the system of pre-lawsuit injunction.By improving the legal regulation of different links,it is hoped to effectively deal with the dilemma of legal regulation of commercial defamation in the network environment and maintain a fair and orderly market competition environment.