Research On The Judgment Path Of The Legitimacy Of Blocking Behavior In Online Video Advertising

In the Internet industry,there are many disputes between video website operators and the technical side of blocking advertising about the competitive legitimacy of blocking behavior.In judicial practice,Chinese courts have formed the adjudication logic of "Competitive Relationship-Business Model-Business Ethics" before 2018.However,in the subsequent cases,they all paid attention to the characteristics of "Anti-unfair Competition Law" to a certain extent.The courts did not follow the traditional judgment path.They are based on the perspective of legal interest protection,such as "total social welfare." At this point,the traditional tort adjudication paradigm has been challenged,and new changes are worthy of theoretical attention and follow-up..Under the premise of the Anti-unfair Competition Law,the basis for judging advertising blocking behavior lies in whether there is "legitimacy," which is different from the parallel relationship of tort elements.Although blocking behavior affects the business model of video websites,however,based on the perspective of dichotomy,multiple legal interests still need to be measured at the legitimate level to determine whether they constitute unfair competition.The first chapter establishes to pay attention to the judgment path to demonstrate the "legitimacy" of this kind of behavior.Based on combing the typical cases and the adjudication paradigm,the second chapter divides it into the traditional civil tort adjudication path and the new multiple interests measurement path.This article divides them from three dimensions: function,method,and cognition.The third chapter deconstructs the traditional judgment path and examines its deficiencies through the theory of "Anti-unfair Competition Law".First of all,"Competitive Relationship" is not the premise of Anti-Unfair Competition Law,especially on the Internet.The judicial application is also over-expanded.Secondly,the protection of "Business Model" exposes the "Paternalism" of the traditional paradigm,which does not meet the academic requirements.On the other hand,the paradigm of protecting "Business Model" ignores the overall consideration,such as the pace of development and the interests of consumers and society.It also does not accord with the value consensus in global judgment.Besides,the traditional judicial practice is not in line with the protection goal and modest characteristics of the Anti-unfair Competition Law.The fourth chapter makes theoretical research on the new traditional multiple legal interests measurement path.It demonstrates that the new path complies with the basic principles of competition law,and tries the case returning to the attribute of "Behavior Law".The idea of reshaping the adjudication path by using the balance of interests coincides with the legislative connotation of the Anti-unfair Competition Law.Hence,it should refine interest demands from various subjects.The principle of proportionality and economic criteria are also used to realize the sequence of all kinds of normative propositions.Therefore,the fifth chapter proposes to return to the basic concept of the competition law.The judges ought to firmly adhere to the prudent attitude to the competitive market.In terms of application,the judges should comprehensively consider the core interests of society,such as technological development and consumers' independent choice.Thus,the judgment path is formed,which meets the theoretical demand of the Anti-unfair Competition Law.