On The Regulation Of Commercial Disparagement Of Anti-unfair Competition Laws Under The Current Internrt Economy

The commercial denigration under the network economy is a kind of unfair competition from the behavior subject,the subjective factor,the objective performance and the traditional commercial denigration,which is derived from the traditional commercial denigration,and has not evolved into a brand-new unfair competition because of the network economy.However,the practice has proved that the current anti-unfair competition law in China can’t regulate the commercial denigration of the network economy.At the subject level,the commercial denigration of the network economy is wide,the speed of propagation is fast,the influence on the market competition order must have a deeper impact than the traditional economy.On the basis of expanding the scope of application of the subject,the judgment and the root of the subjective factors are introduced.According to the judgment of intentional and negligence of different subjects’ attention obligations,it is determined whether to bear the responsibility and liability in anti-unfair competition law.On the objective level,establish the judgment standard for commercial defamation based on the modest and suppressive nature,grasp the dynamic elements of the competition relationship,and focus on establishing a comprehensive analysis mode for establishing business defamation based on misleading information,so as to clarify the boundary of free speech of commerce.In the current judicial practice,it is shown that the commercial denigration has a bad effect on the damage and loss of the infringer.Therefore,it is clear that the commercial denigration protects the object’s property.The right person is encouraged to use the infringement warning as a means of the relief of the private force and to judge the degree of malice of the actor as a follow-up judgment of the court.