| With arrival of Internet era,commodity operators and service providers have also seen the advantage of network.Thus,they put advertisement online,and make use of its features including wide coverage,simplicity,flexibility and low production cost,etc.to expand market.At the same time,however,to make more economic benefits,some operators act against principles of fairness,willingness,equality,honesty and trustfulness,as well as commercial morality to deal with unfair competition activities.Then all of a sudden,unfair competition in online advertisement develops wildly without being regulated by law.It seriously holds back healthy Internet development.current Law of People's Republic of China Against Unfair Competition has been implemented for 22 years since it was made in1993.It seems that it cannot be directly applied to restrict competition behaviors in Internet industries.In February 2016,the Legislative Affairs Office of the State Council published Law of People's Republic of China Against Unfair Competition(Draft)to seek public comment.We can see in this draft added an clause about operator shall not use network technology or application service to affect the user to select and interfere with the normal operation of other operators,it seems that lawmakers has also been recognized the necessity of restrict competition behaviors in Internet industries.At the same time,the newly revised Advertising Law started to be implemented in September 1st 2015,which has intensified restriction to online advertising behaviors to some extent.In this context,the author thinks that it is of necessity to examine identification and regulation of unfair competition in network advertisement.The paper combines theoretical research with case analysis,and carries on by the basic procedure of ‘proposing questions-analyzing questions-solving problems'.The paper falls into five parts.The first part is introduction.It mainly includes research background,status quo of studies at home and broad,research procedure,research methods and innovative points,etc.The second part illustrates definition and features of unfair competition behaviors in online advertisement,as well as reasons and hazards of unfair competition behaviors in online advertisement.Then it sets out to lay a foundation for study on unfair competition behaviors in online advertisement in the next part.The third part illustrates the status quo of unfair competition behaviors in regulated online advertisement in China from four aspects including legislation,justice,administrative supervision,industry association.It points out research orientation for study on unfair competition behaviors in online advertisement and proposal of improving unfair competition behaviors in regulated online advertisement.The fourth part mainly analyzes unfair competition behaviors in online advertisement.Firstly it discusses the subjects of unfair competition behaviors in online advertisement.Then it examines specific identification standards for unfair competition behaviors in online advertisement.In the end,it summarizes some common types of unfair competition behaviors in current online advertisement field,according to some cases against unfair competition in online advertisement field that are handled by the court in recent years.The fifth part,based on the previous study,proposes suggestions to improve unfair competition behaviors in regulated online advertisement from four aspects including legislation,justice,administrative supervision,industry association. |
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