Research On The Competition Law Regulation Of Online Video Advertising Shielding Behavior

In the era of Internet,advertising is developing rapidly.On the one hand,the number of network users is increasing rapidly.It is effective for merchants to advertise on the network video that everyone watches,which can bring them profits.On the other hand,video ads are getting longer and the content quality is uneven,which seriously affects the experience of video viewers.It is also based on this situation,network video advertising software emerged at the historic moment.Shielding behavior network video advertising as a new competition has its own unique characteristics,because of the particularity of its formation and has a strong technical,and not easy to be perceived,conflicts of various main features,and as a new kind of burgeoning competition behavior,there is no relevant legal clear its legitimate or not,since there,in the academic and practical circles discuss heat,However,although there are many articles,there is no unified understanding about whether the blocking behavior of online video ads is justified.It is impossible to deny the limitation of the Internet special article,and it cannot exhaust the unfair competition behavior of the Internet.When there is a new behavior that is not stipulated,the judicial practice only makes the judgment according to Article 12 of antifa.The behavior of online video advertisement blocking is a prominent problem that can not be ignored in the new competitive behavior in the Internet field.How to put forward a more perfect legal system for this behavior on the basis of weighing the interests of all parties will play an exemplary and guiding role.At the same time,it also plays a certain role in guiding and standardizing the choice of development direction and road for consumers and operators and related industries.Therefore,what factors does the legitimacy of network video advertising blocking behavior depend on?And how to improve the Internet domain video advertising blocking behavior of legal regulation path?We need to consider carefully,and this is also the key and difficult problem to be solved urgently in the field of competition law.Based on the existing disputes on the regulation of online video advertising blocking behavior,this paper follows the research idea of "introducing the basic content--analyzing the nature of the determination--referring to the legal regulation of the issue in the United States and Germany--proposing the problem--giving suggestions".The first part,first of all,to realize network video advertising shielding behavior needs to master an overview of the related content,network video advertising as a mark,is the precondition of related shielding behavior,introduces the types,further explains the specific meaning of the shielding behavior,under the dazzling Internet economy,the types of network video advertising shielding behavior,mainly divides into:Software blocks(divided into third party software and the browser screen),third-party plug-in shielding shielding and routers,and a thing and vigorous development will inevitably accompanied by impact,for consumers and business operators,shielding technology providers,the interests of the whole society,the competition order,technology innovation and the whole network economic development environment or certain negative effect,or a certain positive effect.Then,the related case typed,according to the existing case group and their relevant judgment document to dispute focus induction and summary,from the competitive relationship,business model,the principle of good faith,recognized business ethics and subjective malice and certain Angle to analyze the actual damage thinking path of our country’s existing judicial decisions.Then summarize the current legislative status of our country according to the legal rank.The second part mainly summarizes the legal regulation experience of Germany and France on shielding behavior,and its use of "white list" and "blacklist" system has reference significance to our country.Then,the paper summarizes the problems existing in the legal regulation of shielding behavior in our country,starting from the three aspects of legislation,law enforcement and judicial,and shows them in the fuzzy legal quality,the imperfect administrative supervision system and the problems existing in judicial practice.The fourth part,in view of the problems existing in the suggest advertising legal regulating of the shielding behavior,according to legislative problem,first of all,pay attention to the interests of the equity idea,consider the interests of the consumers and business operators as well as the society as a whole to consider equity,strictly regulate the general terms and conditions of the applicable conditions so that they can let the general terms and conditions not to be abused,and perfect out terms,makes out terms more perfect,In order to better adapt to the rapid development of The Times and bring unpredictable competition behavior problems.At the same time,strengthening administrative supervision,perfecting its system and letting administrative supervision play its due role can also improve judicial pressure.In the aspect of judicial practice,centering on the core connotation of free competition,judicatory use rules should be carefully created to play the due role of judicatory,and the right of collective action should be paid attention to so as to effectively protect the interests of those whose interests are damaged.