On The New Form Of Commercial Defamation Case Law Applicable Under The Environment Of Network

Since the1978reform and opening up in China, with the great progress of economic construction, social environment has occur tremendous change, and the rapid development of the rapid popularization of Internet and the network economy have all unexpected. Because our country rely on the statutory law to decide cases, the legal lag can hardly be avoided. Our family computers began to spread in1999, while popularization of broadband network until2004, the network economy rapid development is also in recent years. While the judgment in this case under the Anti-Unfair Competition Law was enacted in1993, how to deal with the frequent appearance of the network environment in recent years under the Business Defamation behavior a bit stretched.This article is based on the "Anti-Unfair Competition Law was enacted in1993, combined with the" anti-monopoly "and" civil law "as well as the relevant judicial interpretations on commercial defamation, analysis of new forms of commercial defamation behaviors under the network environment, find the new shape with the essential characteristics of " Anti-Unfair Competition Law " the relevant provisions of the commercial defamation acts, thus "old law " to solve the "new issues ". At the same time according to the advanced experiences of foreign legislation and judicial practice in recent years that the status of our existing "Anti-Unfair Competition Law" to ask questions and put forward some feasible suggestions.