Regulation Of Anti-unfair Competition Law On Blocking Video Advertisements

Among China’s myriad forms of competition,the market economy offers opportunity to everyone,denies privilege,and is the most egalitarian system in human history,making some poor people rich and others poor.Furthermore,in the context of freedom of competition,individuals or organizations enjoy equal opportunities to create beneficial business behavior.This is the process of managers to bring forth the new by accumulating knowledge or transforming technology,which conforms to the market competition law of mutual damage and survival of the fittest.It can be seen that the anti-unfair competition law legislation purpose is to achieve more fully free competition,therefore,damage should reflect the competition behavior itself has illegality or can be accused of illegal behavior,only when there is illegal or otherwise the competition can be accused of illegal behavior,such as excessive competition in the market mechanism and social sectors in a precarious position,then to be incorporated in the regulation of anti-unfair competition law.However,the judicial practice still focuses on the harm of the results and ignores the competition behavior itself.This kind of judgment method is actually "judging by the result",which not only attracts a lot of attention from the legal circle,but also permeates into the judging practice of the new unfair competition behavior,which gives people a sense of cutting the foot to fit the shoes.This undoubtedly failed to live up to the good intentions of anti-unfair competition law.Therefore,it is necessary to discard a very moral judgment idea about judging by the result.In addition,users have the right to enjoy the fruits of technological innovation.Labeling the behavior of blocking video advertisements as "unfair competition"will limit the space for technological innovation and hinder the progress of the market.It can be seen that the update of business model not only promotes the transcendence and innovation of technology,but also ensures the free choice of consumers,thus increasing the total social welfare.This is consistent with the ultimate goal of the law.The main body of the paper is the introduction.Starting from the case of tencent suing xinghui,the thesis is extracted by analyzing the court’s judgment thinking.Then it simply states the background and significance of the topic.Then,in order to better understand the nature of blocking video ads,the paper briefly describes the types of video ads and the working principle of blocking video adware.Then,the paper analyzes the factors that determine the nature of blocking video advertising behavior,namely,competitive relationship,business ethics and business model.Secondly,this paper analyzes the deficiencies of the regulation of the behavior of blocking video advertisements in China and puts forward its own views on the improvement path.In the final conclusion,it further emphasizes the urgency of abandoning the inherent thinking of judging the behavior of blocking video advertisements,and shifts the focus to the "illegality" of the defendant’s competition behavior,so as to present the situation of "competition freedom of all kinds of frosts" in the market.