Study On Economic Law’s Regulation Of Network False Propaganda

Mobile Internet is the combination of Internet services and portable mobile devices.It aims to improve the efficiency of people’s access to and reception of information.With the widespread and irreversible impact of this technology on modern society,user-to-user,user-to-item interactions(web pages,goods,services,etc.)have become increasingly complex.However,the characteristics of the Internet(such as openness,technology,and concealment)are like Pandora’s box.While bringing us great convenience of information dissemination,it also breeds many legal issues.Among them,online false propaganda is an improper business competition in the competition of the Internet market.Internet operators promote their products through fictitious facts to mislead consumers and then gain a certain commercial benefit.Such behavior can even lead to great social harm.For example,Baidu,the world’s largest Chinese search engine,was once flooded with false information.It was not until the Wei Zexi incident that online false propaganda activities such as bid rankings aroused widespread re-thinking.Therefore,when the Internet with mobile devices affects all aspects of people’s daily lives,the construction of network integrity and transparent systems has become an important issue of current concern,which is also the proper meaning of the principle of good faith in economic law applied in the network environment.Online false propaganda have violated a variety of interests,including the rights of other operators to compete fairly,consumers’ right to know the truth,and the order of the virtual market economy to run smoothly.Therefore,economic law for online false propaganda regulation is desirable and even imperative.Existing economic law is unsatisfactory when applied for online false propaganda,the identification of the subject,responsibility,and punishment is still incomplete,and the law is urgently needed to be improved.Specifically,the unclear responsibilities of the supervisory authority and the unreasonable management system of the network operator make the supervision quite difficult.The Anti-Unfair Competition Law amended in 2017 added provisions that forbid others in false advertising,revised the "misleading publicity" to "false or misleading commercialpublicity",and deleted contents that conflicts with the "Advertising Law",and added new regulations on the use of the Internet to engage in production and operation,etc.Among them,the revised content has made special provisions for the typical types of "brush orders" and "scrambled letters" in online false publicity.Later,the E-Commerce Law introduced in 2019,which supplemented the regulation of competition behaviors,aims to resolve the special contradictions encountered when the competition law applies to the field of e-commerce.Taking this opportunity,this dissertation has conducted a systematic research and analysis on the false propaganda behaviors on the Internet,found problems that remain to be solved,and put forward corresponding countermeasures in order to maintain the ecological balance of network operations.The content is divided into five parts:The first part introduces the concept and characteristics of online false propaganda behaviors,and through the analysis of several groups of concepts related to online false propaganda behaviors,the necessity of regulating online false propaganda is explained.The second part analyzes the constituent elements of the network false propaganda behavior and makes a concrete demonstration with the typical case of brush order,and finally analyzes the underlying reasons behind it.The third part sorts out the main laws and regulations of online false propaganda behaviors,analyzes the status quo of legal regulations on online false propaganda behaviors in China,and analyzes the main problems in legislation,supervision and enforcement,and judicial practice.The fourth part mainly uses the United States of America,Britain and the civil law system of Germany and South Korea,which have relatively good regulations on online false publicity,as examples,and introduces the laws and regulations and supervision models of online false publicity between different legal system countries.Then,combined with China’s current legislative model,regulatory model,and problems in practice,we can draw some lessons for reference.The fifth part responds to the questions raised in the previous chapters one by one,which aims to improve China’s economic regulations,especially for problemsthat need to be solved in practice,such as lack of credit management and inadequate internal supervision in the commercial fields.