| Since the 21 st century,China’s Internet technology has developed faster than anyone imagined,and it is precisely because of the rapid development that the relevant legal system obviously cannot keep up with the changes of Internet technology.For example,the similar cases of blocking video advertising that have aroused heated debate in recent years seem to have unified judgments and similar legal provisions cited,but careful study will find that there are many hidden problems.In the Internet environment,the rise of video platform makes the Internet market develop rapidly.But the growing power of video platforms has been accompanied by a lack of attention to the consumer experience,including increasing the length of pre-video ads,which has led blocking service providers to develop blocking technologies to attract users.Because there are no clear provisions on relevant acts in the current legislation,and there are no relevant norms for publishing video advertisements,the court can only continue the concept of protecting the entity business model,apply general terms or bottom-up terms to it and judge that the shielding behavior is an act of unfair competition.However,many domestic scholars have raised doubts about this,and there are also many corresponding deficiencies that need to be improved.This paper is divided into five parts.The first chapter introduces the background and significance of choosing shielding advertising behavior as the research,the research status of related issues at home and abroad,and the research methods and innovations used in writing this thesis.The second chapter is an overview of website’s video advertisement shielding,and introduces the concept of video advertisement shielding in detail,including the way of shielding and the legal relationship of video advertisement shielding.On the basis of this,it introduces the academic theories about the nature of video advertisement shielding,including copyright infringement,third party interference contract infringement and unfair competition.The third chapter analyzes the current situation of the legal regulation of website blocking video advertising in China,and analyzes the regulatory difficulties of blocking video advertising from three aspects: legislation,law enforcement and justice,including the inapplicability of the Internet special provisions of the anti unfair competition law and the conservatism of general provisions;There is also a lack of video advertising code of conduct and supervision specialization in law enforcement;Finally,there are judicial differences on the protectability of Internet business model and disputes on the principle of "non-public welfare need not interfere".The fourth chapter is the outside screen advertisement behavior significance of relevant legislation and judicial precedents in our country,through the understanding of Germany,the United States legislation trend and value orientation on the screen advertising,analysis of a classic case of the referee thought and theory,summarizes both continental law system and Anglo-American law system,the market competition is the attitude of the principle of minimal intervention,On this basis fully respect consumer’s independent choice.The fifth chapter puts forward some suggestions to optimize the legal regulation of shielding video advertising.It is still proposed from the aspects of legislation,law enforcement and judicature.First,the anti unfair competition law should be properly improved in legislation,and special articles on the Internet should be appropriately added and adjusted or the rank of consumers’ interests should be promoted in general articles;Secondly,in terms of law enforcement,improve the administrative supervision system,including the standardization and concretization of video advertising and improve the level of administrative supervision and specialization;Finally,in terms of justice,clarify the relevant identification elements,recognize the general competitive interests of the Internet business model,and reduce the application of the principle of "non public welfare necessity and no interference". |
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