Legal Regulation Of Online Advertising Shielding Behavior From The Perspective Of Competition Law

For a long time,Internet users have formed the consumption habit of free access to online video,instant messaging,information search and other network services without paying the economic cost.At present,the copyright fees and operating costs are rising day by day,and the market competition of network platform is becoming more and more fierce.Driven by the interests,network service providers blindly increase the setting of online advertising,which leads to the substantial growth of the number and duration of online advertising,and the gradual decline of advertising content and quality,which seriously affects the experience of network users.It is precisely because of the serious mismatch between online advert ising and user demand that a large number of online advertising shielding behaviors are born.Fundamentally,online advertising shielding behavior is a non typed network competition behavior under the new Internet format,which should be included in the scope of the anti unfair competition law in the judicial regulation.However,in China’s judicial cases,most of the judges hold opposing opinions and judge it as unfair competition behavior.However,there are different standards for the key factors involved in the determination of the legitimacy and accountability of the act,ambiguity in the application of the new and old provisions,unclear ethical standards for the principle of competition,insufficient balance between technological innovation and the protection of legal interests,and unclear explanations for the conflict of multiple interests,Therefore,this paper will combine with empirical cases to sort out the disputes,analyze the key factors of behavior legitimacy judgment,and try to unify the identification standard of online advertising shielding behavior.This paper discusses from the following parts:The first part is the introduction,which briefly covers the topic intention,research objectives,theoretical and practical significance of this paper,and expounds the key and difficult problems and innovative and advanced research methods when this paper is extended and analyzed in depth.The second part is the basic concepts and the application of law.It defines the related concepts of online advertising and online advertising shielding behavior,defines the category and characteristics of online advertising,the object,type and operation mode of online advertising shielding behavior,and the root and crux of online advertising shielding disputes.The third part is the empirical analysis of online advertising shielding dispute cases.By retrieving the relevant cases and judgments in the past five years in China,this paper lists the typical cases,and summarizes the focus of dispute,judgment criteria,defenses,judicial tendency and protection of rights and interests in the current judicial practice,By comparing the differences between China and foreign countries,we can draw principles,theories and methods that can be used for our own purpos es;The fourth part is the focus of this paper,which mainly analyzes the key factors of the identification of network blocking advertising behavior,comprehensively considers the identification of competitive relationship,the analysis of competitive rights and interests,the requirements of behavior legitimacy,"technology neutrality" and other responsibility exemption,civil legal liability and other factors,starting from the nature of competitive behavior itself,from the legitimacy,illegality,value measurement,legal liability and other factors The spirit of competition is deeply rooted in the protection of legal interests;The fifth part is to rethink the improvement path of the legal regulation of online advertising shielding in combination with the actual situation,so as to improve the relevant legal norms of online advertising shielding,such as clarifying the priority of "Internet articles",adding the qualification of consumers’ civil litigation,etc;Establish a unified standard of judicial di scretion of online advertising shielding cases,such as the subjective and objective standards,the analysis method of interest balance,etc;Promote the self-discipline and healthy development of online advertising industry,and establish the "white list" system of online advertising.