Lack of enforcement procedures and extremely light penalties
Can new network regulations prevent w88 online casino?3QWar
("Legal Daily"2011Year7month30日No.6version)
Our reporter Zhang Wei
Ministry of Industry and Information Technology7month27日Announced the "Internet Information Service Management Regulations(Draft for comments)》. Once the draft opinion comes out,Just like last year3QThe war is tightly bound together:Relevant news reports stated that the draft opinion puts a tight ring on network service providers,3QThere will be no more war.
The following provisions in this draft,AND3QThe details of the war are indeed consistent:You shall not fabricate or spread false facts to damage the legitimate rights and interests of other Internet information service providers; you shall not maliciously implement incompatible services or related products provided by peers; you shall not deceive, mislead, or force users to make choices not to use the services or related products of other Internet information service providers; you shall not interfere with or affect the operation of services or related products provided by peers on user terminals,Or modify the services or related product parameters provided by other Internet information service providers; you must not deceive, mislead, or force users to uninstall or close services or related products provided by peers.
3QThe flames of war have gone out,A draft of opinions that in a sense accelerates achievements,Is w88 online casino really possible to prevent similar situations from happening again?
Increased possibility of compensation in civil litigation
“The draft opinion lists various manifestations of unfair competition in the Internet market and harm to the rights and interests of network users,This is the first time in legislation. w88 online casino is more detailed than existing relevant laws,Also more professional. ”Professor Huang Yong, Director of the Competition Law Center of the w88 casinoSaid in an interview with a reporter from "Legal Daily".
3QIn the war,The fierce battle between the two sides continued,Internet users were once reduced to “hostages” “kidnapped” by network operators and were helpless,Once the draft opinion is released,The Internet field will no longer be a "wild world" without special legal regulations,At least operators will clarify the boundaries of their behavior according to this code,Know what you can’t do.Huang Yongand Wang Xiaoye, a researcher at the Institute of Law, Chinese Academy of Social Sciences, both fully affirmed the positive significance of the opinion draft,believes that w88 online casino reflects the concern for the maintenance of Internet competition order, the protection of user rights and interests, and the innovation of the Internet industry.
Wang Xiaoye described the draft as “in response to social needs.” She specifically mentioned Articles 5, 7, and 8 of the draft,“These laws and regulations are related to the protection of the legitimate rights and interests of consumers and operators,For those who spread false facts and force users to uninstall or close services and products provided by peers3QBehavior that occurs during a war is expressly prohibited. ”
Huang Yongalso means,According to this provision,Not only the market behavior of the Internet industry has been regulated,w88 online casino also paved the way for civil litigation compensation. "Once there is an illegal determination and punishment by the administrative agency,The possibility of Internet users filing civil compensation claims will be greatly increased. ”
Whether law enforcement agencies fulfill their responsibilities is the key
Specification is available,But w88 online casino may not be stopped3QWar.
"The introduction of the law does not mean that all illegal problems will be solved. "Wang Xiaoye thinks,“The current common problems are not unreasonable,w88 online casino's a matter of law enforcement. ”
to3QWar as an example,The State Administration for Industry and Commerce can intervene and investigate according to the Anti-Unfair Competition Law,But in the early stage, there was no sound from the State Administration for Industry and Commerce,Hopefully after the promulgation of the "Internet Information Service Management Regulations",Relevant law enforcement departments can adopt a positive attitude,Proactively intervene. In addition,3QIn the war,Based on the information reported by the media,The Ministry of Industry and Information Technology criticized both parties,But there seems to be no accountability for illegal activities. Therefore, after the new regulations are introduced,If law enforcement agencies still do not actively perform their duties,So whether this regulation can effectively prevent illegal activities in the Internet field,I'm afraid w88 online casino will become an unknown number.
Huang YongAlso mentioned law enforcement issues,“There are no provisions on law enforcement procedures in the opinion draft,This will encounter many difficulties in operation. ”
In his opinion,Internet supervision and management must involve discovery, reporting, judgment and identification mechanisms,And a series of related issues must be solved,How about the time program,How to demonstrate impartiality includes whether there is a hearing procedure, to what extent w88 online casino is disclosed, how to protect the company’s business secrets in the process, etc. Legislators may need to consider including enforcement procedures in the opinion draft,There is another supporting procedure.
Wang Xiaoye specifically pointed out:"Whoever is responsible for handling w88 online casino,All require fact-finding first. "But how to specifically determine whether the operator's behavior is illegal,Many behaviors cannot be identified based on the draft opinions alone.
Huang Yongthink,Very professional in the Internet field,Compared with other fast moving consumer goods production and service fields,w88 online casino is difficult to judge its illegality. For example,What is "malicious incompatibility",What are the criteria for judging "just cause" and "misleading". In addition,w88 online casino’s worth noting,In our country,When screening the illegality of Internet industry operators,Special consideration should be given to industrial development and innovation factors,And consider issues such as business autonomy and illegal relationships. w88 online casino is foreseeable that there will be difficulties in technical judgment during the specific operation,Including delays in evidence collection and judgment time.
Maximum fine310,000 yuan is not enough as a deterrent
Articles 17, 18, and 19 of the draft opinion are about penalties,The penalty figures given are all "penalties1More than 10,000 yuan3A fine of less than 10,000 yuan." Wang Xiaoye also said:"The upper limit is only310,000,For many companies with a large market share,The punishment is too light,Deterrence is obviously not enough,Because these companies’ profits from illegal activities are likely to be huge. ”
Suggested by Meng Yanbei, Associate Professor of Law w88 casino of Renmin University of China,The draft opinion should be based on Article 47 of my country’s Anti-Monopoly Law “Operators violate the provisions of this law,Abuse of dominant market position,Ordered by the antitrust law enforcement agency to stop illegal activities,Confiscation of illegal income,A fine of not less than 1% but not more than 10% of the previous year’s sales” and other provisions as well as the administrative liability provisions of the Anti-Unfair Competition Law that are being revised,Distinguish different illegal acts in the Internet industry,Formulate more stringent administrative legal liability provisions.
This newspaper in Beijing7month29日News
Link:
Legal Daily:http://epaper.legaldaily.com.cn/fzrb/PDF/20110730/06.pdf
Sina:http://news.sina.com.cn/o/2011-07-30/125822904996.shtml
China.com:
http://news.china.com.cn/rollnews/2011-07/30/content_9245342.htm
Legal Network:
http://epaper.legaldaily.com.cn/fzrb/content/20110730/Articel06008GN.htm
