Research On The Legitimacy Of Video Advertising Shielding Behavior

Before 2018,China’s courts have a unified judgment position on the types of advertising shielding cases,all of which pay attention to the protection of business interests of operators,and believe that advertising shielding behavior is unfair.The new anti unfair competition law,which was formally implemented on January 1,2018,does not provide a reasonable and clear standard for the identification of advertising shielding behavior.There is a great controversy about the illegitimacy of blocking video advertising in the theoretical circle,and there are also cases in practice in which the judgment results of the first instance and the second instance are diametrically opposite.These disputes just show that the standard of the legitimacy of this behavior is worthy of our discussion.By combing the existing typical cases,this paper sums up the focus of controversy and judgment ideas of such cases.At the same time,combined with the background of the times and foreign judgment experience,it provides some ideas for the legitimacy of video advertising shielding behavior in China.The first chapter gives a brief introduction of video advertising shielding,clarifies the relationship between the subjects involved in such cases,and briefly introduces the two different positions of the behavior identification.The second chapter analyzes the social background of video advertising shielding behavior and the deep-seated theory behind its nature,so as to provide theoretical support for the follow-up demonstration.The third chapter summarizes the typical cases and legislative status of our country,discusses the existing problems,and analyzes the rationality and shortcomings behind.The fourth chapter analyzes the foreign referee experience,thinking about how to learn from foreign experience under the current situation of our country.The fifth chapter discusses that we should change the thinking of judicial adjudication,and gives some suggestions to examine the case with the method of "interest balance".It is suggested that the law should be cautious when intervening in market competition,so as to reserve space for market competition and make the competition law respond to market needs in time.