The Imbalance And Correction Of Interest Protected In Unfair Competition Of Advert-blocking

Recently,traditional competition has been converted to new forms of competition on Internet,as well as Advert-blocking dispute is typical form,which has getting a lot of public attention.Advert-blocking dispute is almost beyond the current Competition law,and it's only applied to a general provisions of Competition Law.However,the concept and method in justice,regarding Advert-blocking dispute,of over-protecting and neglect interests of competitors and consumers which deem the interests of operators as quasi-property rights and base on the quasi-property rights suffering injury to judge whether an action is justified or not,are against the multiplex protecting object and Internet competition policy about boosting competition and technological innovation.In view of the above problems,the author tries to start from the interpretation of Advert-blocking dispute,comb the key words and methods of judgement as well as its practical difficulties that may exist,and then reveal the practical needs of the correction of interest protection imbalance.Based on the protection objectives of modern Competition Law,this paper constructs a theoretical framework for balanced protection of interests,and with this framework as a reference,explores the legitimacy of fast-forward advertising.This paper consists of three parts: preface,text and conclusion.The text contains five chapters.Chapter 1: Interpretation of Advert-blocking dispute.This section describes cause of Advert-blocking dispute and the behavior of Advert-blocking,as well as discusses the controversy of legal nature of Advert-blocking.Chapter ?: The analysis of judgments.This part takes the cinemads blocking dispute of online video as the research object.It explains the mainstream methods of judgements based on the key words in the existing judgments,and makes a comparative analysis of the recent Advert-blocking disputes of different verdicts in similar cases.Chapter ?: The imbalance of interest protected on Advert-blocking disputes.This part exposits the concept and method in justice of over-protecting and neglect interests of competitors and consumers,and the deviation of interpretation of commercial ethics.It also demonstrates the practical dilemma of the above concept and method from the angle of imbalance of interests and the improper scope of regulation of unfair competition.Chapter ?: Referring to foreign experience.It analyses the differences between foreign cases and China's judicial judgments in terms of their concept,method and attitude towards the interests of market participants,through the study of Advert-blocking cases in Germany and the United States,with a view to enlightening the concept of interest balance and the regulation methods of advertising blocking.Chapter ?: Correcting of imbalance of interest on Advert-blocking disputes.This part illustrates the practical needs about balance of interest protection,and then constructs the theoretical framework of interest protection from three perspectives of protection subject,protection object and protection method of modern competition law.Based on this,it discusses the model of interest protection in Advert-blocking disputes,and re-discusses the legitimacy of fast-forward advertising behavior.