Research On The Legal Regulation Of Internet Advertisement Filtering Unfair Competition Behavior

In recent years,with the continuous development and progress of science and technology,the Internet Internet operator between the increasingly fierce competition,the relevant ACTS of unfair competition also is different from traditional blowout outbreak ACTS of unfair competition,the new Internet ACTS of unfair competition,the method not only has the concealment and dynamics of the interest also involves complex Although the revision of the law in 2017 has solved a variety of controversial issues in the process of social and economic development to a certain extent,the issue of whether Internet advertising filtering is justified has not been effectively solved There are great disputes in the judicial practice and theoretical circles on the qualitative analysis of Internet advertisement filtering behavior by applying general terms.In judicial practice,some judges think that this behavior constitutes unfair competition.Some judges hold the opposite attitude,believing that it meets the standards of technological innovation,which leads to the occurrence of different judgments in the same case.Objectively speaking,the theoretical circle not only has different opinions on the discussion of this issue,but also has certain doubts on whether the free + advertising business model should be included in the scope of legal protection To sum up,this paper attempts to summarize the focus of disputes and analyze the legal theory of three typical cases,focusing on the discussion of the legal nature and legal liability of Internet advertising filtering,in order to provide some reference for standardizing the order of market competitionFrom the perspective of the overall structure of the article,this paper mainly discusses the legal regulation of Internet advertising filtering behavior from four parts:The first part: by elaborating the reason and significance of this topic,it introduces the current research status of domestic scholars on Internet advertising filtering behavior,and puts forward the research methods,framework and innovation points of this paperThe second part: Through sorting out the relevant cases in the Judicial Document Network,this paper introduces three typical cases of Internet advertisement filtering,and summarizes three controversial focus issues :(1)whether this behavior constitutes unfair competition;(2)Whether the "free + advertising" business model should be protected by law;(3)how to bear the civil compensation liability caused by unfair competition behavior.The third part : Focuses on the legal analysis of the controversies mentioned above.Firstly,it analyzes the controversial focus of Internet advertising filtering unfair competition behavior and the specific considerations between different viewpoints.Secondly,it specifically analyzes judges’ judgment thinking of "free +advertisement" business model in judicial practice.Finally,in the question of legal responsibility,the author focuses on the analysis of the way of responsibility and the relevant issues of the discretionary compensation system.The fourth part: According to the specific problems discussed above,put forward the corresponding solutions.That is,in the qualitative problem of Internet advertising filtering behavior,it is suggested to introduce the principle of proportion to comprehensively measure the multi-interests involved in the case.At the same time,in view of the judges’ rights protection concept and the conservative static competition concept,it is necessary to change the concept of judicial judgment and introduce the value of dynamic competition.Finally,in the aspect of civil liability,in addition to the need to improve the existing damage compensation system and the way of liability,punitive compensation system should also be introduced.