Research On Legal Problem Of Unfair Competition Of Network Advertisement

The creation of network advertisement has great influence on advertisingtrade. Network advertisement has new forms, new characteristics that thetradition advertisement doesn't have, especially with the application ofnetwork technology, it has brought tremendous vigor to the advertising trade.However, network advertisement is new emerging things all in all, to useexisting Law to regulate it is difficult, and some new fields need legislation,all of all is very serious. On this, many advertisers promulgate shamadvertisements on the net, compete unfairly with network technology such as"superlink" and "keywords". To regulate that type of action with law, to defendrights and interests of wide proprietors and consumers has been demandingimmediate attention. For this reason, the writer writes the paper <>. And now,advertising trade need legal norms that can be provided as operation urgently,on this account that the fruit of my research ought to be "how to solve theproblem of unfair competition of network advertisement, but not only putforward it". So, the main content of this paper is "to form and improve thelegal system against unfair competition of network advertisement". This paper is based on the writing way of " put forward and analyze theproblem—find a way to solve the problem-- form and improve the legal system".Through analyzing forms of unfair competition of network advertisementtogether with concrete cases, finally, the writer puts forward own suggestionon legal system of unfair competition of network advertisement, and make someproper analysis on how to make the current law accommodate with the networkenvironment. The paper is divided into 3 chapters in all, and 8 sections, the mainchapters and sections content is as follows: Chapter I, the Creation of Unfair Competition Behavior of NetworkAdvertisement In this chapter, the writer mainly introduce the basic concept, the formand the feature of the network advertisement, then find the reason for thecreation of unfair competition behavior of network advertisement, andintroduce the forms of that behavior initially. Chapter II, the Forms and Legal Regulation of Unfair Competition Behaviorof Network Advertisement The first section mainly introduce the problem of unfair competitionbehavior of improper network advertisement, include expounding the impropernetwork advertisement's concept and type and analyzing the forms of the unfairbehavior of the improper network advertisement. Finally fetch the legalliability of this kind of behavior, chiefly consisted of the regulation andimprovement of current law, and also stress the legal liability of ISP; Thesecond section introduce the unfair behavior of network advertisement inrelation to the characteristic technique of network. In this section, thewriter fist introduces the unfair behavior of network advertisement inrelation to the technique of "hyperlinks", and proposes writer's own proposalto regulate this kind of behavior. Later, the unfair behavior of networkadvertisement in relation to the technique of "keyword" is also introduced,and the writer mainly analyze the legal regulation; The third section mainlyintroduce the problem of the unfair cost competition of network advertisement;The substance of 4th section is the problem of unfair competition behaviorof network sales promotion advertisement. Chapter III, Form and Improve Legal System against Unfair Competitionof Network Advertisement This chapter is chiefly expounded with the regulation of《Law of thePeople's Republic of China Against Unfair Competition》and《Advertising Lawof the People's Republic of China》that against unfair competition behaviorof network advertisement. Based on the experimental results, some suggestionsfor improving the existing laws under the network environment have been made.By the way, the autonomy regulation of A...