The Legal Regulation Of The Commercial Defamation In The Field Of Internet

Internet since the advent of the last century is highly concerned about the world,Internet business is growing rapidly. However, the nature of market subjects of theInternet companies determine there must have unfair competition in the developmentprocess. In recent years, commercial defamation in the field of Internet is outstanding.Commercial defamation in the field of Internet isn’t a new unfair competition type,but the new developments and changes of traditional commercial defamation in thefield of Internet, which is implemented by market player through the Internet platform.The actors, in addition to traditional operators, joining the network service provider,“network of water army”, consumers; On behavior, breaking the original fabricatingand spreading false information, steering prominent self-promotion, posing consumerwho makes a false report to the authorities. The subjective aspects, in addition tointentional, negligent defamation increase. Violations of the object, part form businessreputation, product reputation, gradually increase personal reputation of the businessleaders. Face the new development of commercial defamation in the Internet field, thelegislation development of our country seems to straggle. At present, China’scommercial defamation’s legal regulation relies mainly on the “People’s Republic ofChina Anti-Unfair Competition Law”, in which the14is the most. The law wasenacted in the90s of last century, when the market economy taking shape, and not yetattracted attention of the Internet economy, has legal limitations elements features.Furthermore, look at the “Anti-Unfair Competition Law”, there are no provisions ondefamation liability,“Anti-Unfair Competition Law” has been unable to meet theregulatory defamation unfair competition in the field of Internet. If commercialdefamation’s regulation in the Internet field is not complete, not only seriously harmthe legitimate interests of detractors business reputation, consumers’ right to choose;but also caused foreign investors do not trust Chinese products industry, to add to thehealthy development of the Internet economy obstacles.Based on, this paper intends from the commercial defamation cases whichoccurred in the field of Internet recent years, adopting the concept of analysis,empirical analysis, multidisciplinary research approach cross, to clear definition andfeatures of commercial defamation in the field of Internet, and in-depth analysis of theexisting problems in the legal system, such as inadequate legislation, difficulty to collect evidence, administrative regulatory loopholes, etc. In view of the anti-unfaircompetition rely mainly on “Anti-Unfair Competition Law”, not supporting the legalsystem, so this paper need to draw experience of legal regulation on commercialdefamation action in the field of Internet from United States, Germany, Japan andother major developed countries. Through a comparative study, revising “Anti-UnfairCompetition Law”, completing its constituent elements from subject、object、aspectsof behavior and subjective. At the same time, sounding evidence system, improvingenforcement efficiency of administrative. I hope that, through in-depth analysis ofcommercial defamation in the field of Internet, to make in response to the act in thefuture according to the law; assist law enforcement and improve the administrativeefficiency of enforcement. So that we can regulate commercial defamation in the fieldof Internet effective, so guarantee orderly competition and healthy development ofInternet economy.In addition to the introduction, the paper is divided into four parts:Part one: the definition of commercial defamation action in the field of Internet.Commercial defamation in the field of Internet is development of traditional defame,it must have commercial defamation’s nature of unfair competition and legalcharacteristics. But, the new development decisions that new characteristic it musthave, such as consumer may be the actor, negligent slander should liability.Part two: the status quo of legal regulation about commercial defamation in thefield of Internet. This section mainly analyzes the lack of “Anti-Unfair CompetitionLaw”, including the type of unfair competition statutory, article fourteenth legalelements of limitation. To clear that the lack of legal defects liability provisions of theAct, adding the other as difficult to collect evidence, administrative issues such asregulatory loopholes, summing up the shortcoming of commercial slander in theInternet field systematically.Part three: the law regulation experience of major developed countries aboutcommercial defamation in the field of Internet, such as the United States, Britain,Germany and Japan. Through comparison, find a place suitable for China, to provideexperience for perfective legal regulation of China’s commercial defamation.Part four: improving the legal regulation of commercial defamation in the fieldof Internet. After comprehensive analysis of the behavior and status of legalregulations, revising “Anti-Unfair Competition Law”, improving the provisions of Section14，adding civil, criminal and administrative liability of the Act, improvingevidence system, and administrative efficiency. Thereby we can improve the effortsto beat commercial defamation in the field of Internet, and make sure the orderlydevelopment of the Internet economy.