弹出式广告的法律规制分析-法律学专业论文.docxVIP

PAGE PAGE 1 Abstract The pop-up advertisement is a double-edged sword, for which have numerous negative effects company with the convenience it brings to net users. Due to the deficiency of relative legal norms, some pop-up advertisement subjects would issue bad advertisements causing many detrimental consequences, which mainly includes infringing the self-selection, the information security right of the consumers or breaking the fair competition consequence of online advertising market. These problems will not only trouble the net users, but also challenge the sound development of online advertising business. Even though the Advertising Law, Law on Protection the Right and Interest of Consumer, Anti-unfair Competition Law and some government regulations can define and restrict some of the above infringement acts and unfair competitions, the hysteresis quality of law is becoming increasingly visible. This leads to the limitation of the restrictive power of the pre-mentioned laws. In 2013, the Article 14 in the newly revised Law on Protection the Right and Interest of Consumer reads: “when purchasing, using products and receiving services, the consumers have the right of personal dignity and the right to be respected on national customs and the right of protection of personal information, such as, the right of name, image and privacy.”This rule contributes a lot in protecting the consumers’ information security. However, if the protection body is online consumers, this rule is too principled while the operability is not good. Therefore there are still deficiencies in Protection Law on Consumer’s Interest, so do the Advertising Law and the Anti-unfair Competition Law. In addition, there are no specific laws and regulations to restrict the online advertisement. Therefore, the amending of the Advertising Law , Law on Protection the Right and Interest of Consumer, Anti-unfair Competition Law has been the general trend of Chinese law. Based on the above-mentioned probl