| Under the background of rapid development of information network,emerging industries relying on data exchange of information network,such as Internet shopping and virtual product trading,have witnessed rapid development compared with traditional media such as TV,radio and newspaper.Among them,the development speed of network live broadcasting is far ahead among many emerging media.Traditional video portals in China,such as i QIYI,Youku and Tencent,have established feature sections exclusively devoted to network live broadcasting in various industries such as food and tourism.With the deepening of 5G commercial applications,we-media network live broadcast based on mobile phones and tablets are more focused on providing diversified network live broadcast content,which leads to a surge of practitioners in the short term and confusion of network live broadcast content,and gradually leads to vicious competition in network live broadcast space.The research on the application of laws related to unfair competition in the network live broadcast market has gradually attracted the attention of academic circles and experts.However,at present,the institutionalized supervision and management mechanism of the network live broadcast market is still in the blank.In order to further strengthen the anti-unfair competition law works in emerging areas such as live webcast,further clear competitive relationship and regulation live online market,timely and effective through competition elements to the live webcast of unfair competition in the field of case analysis,to find the anti-unfair competition law applicable in the field of network broadcast way.From the perspective of competition law,this paper will sort out and classify the competitive behaviors in the space of online live broadcasting,analyze the industry characteristics of current online live broadcasting and the causes of unfair competition behaviors,and summarize the types of unfair competition behaviors commonly seen in current online live broadcasting.By comparing and analyzing the unfair competition behaviors in the network live broadcast industry and those in the traditional business field,we can find out the similarities and differences between the two.From the three dimensions of legislation,law enforcement and justice,this paper analyzes the obstacles existing in the current application of the Anti-Unfair Competition Law to regulate various kinds of unfair competition acts,and finds out the problems such as unclear provisions on existing procedural matters,unclear reference standards of industry rules,and low level of effectiveness of relevant normative documents.Refer to the efficient and convenient relief channels and multi-department cooperation law enforcement mechanism of the United States;Completion of scientific and standardized top-level design by comparing Germany’s multiple management structure in network supervision and management;Learn from the real name registration of Internet users in South Korea,and promote the formation of regional network standards by special person detection.Finally,combined with the current situation of China’s network live broadcast market,countermeasures and suggestions for regulating unfair competition behavior of China’s network live broadcast are put forward from three dimensions of legislation,justice and law enforcement.On the legislative level,we should correct the outdated concept that the identification of competition relationship is based on the premise of competition among the same industry,further enhance the legislative level and strengthen the legal effect.At the judicial level,it is proposed to promote the effective linkage between general provisions and specific provisions,and clearly invoke the standards and prerequisites of industry norms.At the level of law enforcement,it puts forward some suggestions,such as strengthening data supervision by using human functions,clarifying special law enforcement agencies,optimizing law enforcement procedures and reducing law enforcement costs. |
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