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The Legal Regulation To False Advertisement

Posted on:2005-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:S QuFull Text:PDF
GTID:2156360122499442Subject:Law
Abstract/Summary:PDF Full Text Request
The sham publicity generally exist in the current society, not merely do harm to consumers' legitimate rights and interests, caused the harm to the market management order and other legal operators' rights and interests too at the same time. Today, call sincerely, the structure to the sham publicity is very urgent, so this text stands on the angle of the law describing the structure of the sham publicity. Originally in the article, I analyse and describe the legal characteristic to the sham publicity is concept, form of expression, composition of the important document and production reasons, and also describe the definition of the sham publicity and enumerate the form of expression of the sham publicity; Secondly how is it correctly to describe the legal structure to the sham publicity, include carrying on the legal environment of the legal structure, argumentation of market access, issuing and punishment to sham publicity to the sham publicity mainly in this respect, put forward the concrete measure of carrying on the legal structure to the sham publicity in term of legislating and enforcing the lawâ… .Legal characteristic of the sham publicity(â…°)Concept of sham publicityThrough to Palestine " advertisement manage " definition made of the book that thatch wait for, scholar of American, American Federal Trade Commission (FTC) gave the definition made of the sham publicity in 1983, State Administration of Industry and Commerce imprisoned the Administration for Industry and Commerce of Hunan Province on the definition under the sham publicity and June 21, 1993 correctly for U.S.A.'s square deal law Asserting the statement and analysis of the definition of the sham publicity while dealing with the reply of the problem of the sham publicity, task of this text, the so-called sham publicity , refer to the ad owner, person who issues advertisement, what advertising operator make false appearance , conceal the fact by main respect in advertisement on purpose may influence consumer make correct advertisement of decision.(â…±)the sham publicity of form of expressionThe sham publicity not only in China, but also all exist extensively in all parts of the world, its form of expression is too numerous to mention. This text sums up on the common form of expression: Advertisement of swindling etc. , boast advertisement of exaggerating etc. , imitate false advertisement , person who conceal of claiming etc. or have great advertisement , getting ambiguous advertisement , inequity advertisement that omit.(â…²)composition important document of the sham publicityJudge whether an advertisement is the sham publicity, should analyse from master, objective respect its, satisfied with terms in subjective and objective only, can assert it is sham publicity. The subjective respect includes the subject and subjective fault.The subject of the sham publicity, for ad owner, advertising operator and person who issues advertisement. The subject of the sham publicity is complicate, can either establish work for the subject becoming sham publicity openly together each other alone or. Subject of sham publicity may ad owner sometimes in other words, may advertisement advocate peace the advertising operator sometimes, may include ad owner, advertising operator and person who issues advertisement too sometimes. Why people it will be subject on earth, is it is it issue identity and meaning each other of unit of sham publicity have put through to work for and make to look at to want. Asserting, adopt the fault to infer of subjective fault about the subject of the sham publicity, ad owner , advertising operator and person who issues advertisement prove one's own one without there is not faulting, this text think should adopt fair responsibility in here, but can't suitable a strict one there is not fault responsibility.Objective respect includes sham publicity behavior and standard of asserting. Sham publicity behavior, regard as and as two ways. About the legal nature of the behavior of the sham publicity, as to consumer,...
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