| With the competition being increasingly vigorous in the market, advertisement has become more and more popular, and been used as the competitive means by the producer, manager and servicer who are proceeding with their rivals. comparative advertisement used as a kind of validly advetising technique, has already been adopted extensively in the world: A good comparative advertisement can obtain a sensational effect, which has priority to other types of advertisements. Therefore, owing to their consideration of economic benefits, the enterprises usually abuses comparative advertisement and is comprised of the unjust comparative advertisement.The unjust comparative advertisement is often defined as an unfair evaluation that the advertisor, advertising executor or announcer who is proceeding with their rivals abuses the undue behavior of competition of misunderstanding person, slandering the other parties. Its undue expression can be seen from the main two aspects: (1) Slandering the rivals, injuring the rival's business reputation or product reputation, weakening its second party's consumption choice and injuring the consumer's benefits. Regulation to the unjust comparative advertisement is key to how to judge the unjust comparative advertisement in the all types of comparative advertisement. To this, there are two methods, domestic and international, to judge the unjust comparative advertisement. The first is the comparative advertisement strictly provided and protected, ie, the condition of the just comparative advertisement, the advertisement which can not satisfy this conditions is the unjust comparative advertise; such as 《The Behavior Standard of International merchandise》has provided: In the advertisement including comparative contents, can not make misleading function take place in advertising design. Theadvertisement induding comparative contents should follow the fair competition principle, and it should regard concrete fact as the foundation, but should not choice false means as the contrast point. Another is the general the condition unjust comparative advertisement has constituted. Inside practice, the judicial field makes adoption of both combinative judgement standards. The legal conditions of the just comparative advertisement is: (1)the behavior person's honest reputation. ie, in the comparative advertisement, on one hand, the honest reputation principle request the behavior person respect the others' legal benefits, and honestly, objectively illustrate the fact, can not obtain profit at the expense of others; on the other hand, the honest reputation principle also requests behavior person respect comparative advertisement to accept——consumer's legal benefits. Consumer has power to obtain objective, real and complete information of product and service. (2) have comparative conditions. Product or service involving in the comparative advertisement should be the same or similar product or service, which belongs to the same competitive realm; and also have the same comparative conditions. (3) have reliability. The reliability requests the comparative advertisement not imply the deceitful and untrue composition, and the fact illustrated must has the support from the data, research and the result of statistics, and these used in the comparative advertisement should be made by the governmental special insitition with certain legal of determination or investigation. (4)have the completition and fairness. point of its is that the comparative contents in the comparative advertisement should be complete and fair, and can not make undue statement or misunderstanding so as to belittle or damage other competitive ravials' reputation in the comparative advertisement. The legal items of constitution in the unjust comparative advertisement are: (1)the behavior subject of the unjust comparative advertisement should be theadvertisor, the advertising manager or the advertising announcer;(2)the behavior subject has the subjective intention in executing the just comparative advertisement; (3) the...
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