The Discussing Of The Problem Being Related To False Advertisement Crime

In the socio-economic life and the rapid development of today's advertising industry, advertising has become consumers of goods and services most important reference for one of the operators with powerful communication capabilities to expand advertising market, selling their goods or services; consumers understand information through advertising information, select your favorite products or services。However, with the rapid development of market economy and increasingly fierce competition, advertising in the form of endless, but spends a lot of false advertising also took the opportunity to confuse the public and mislead and deceive consumers. Some criminals use advertising to sell counterfeit products, products and services in the ad exaggerated the effect, not only did not bring the interests of consumers, but seriously disturbed the order of the State management of advertising, violations of other commodity producers, operators and consumers interests. Therefore, the fight against false advertising is welcomed by all.Although, in 1997, "Criminal Law" requirements of the times, added the crime of false Guang Gao, to some extent its curb false advertising Xing Wei, safeguarding market order, which, safeguarding consumer interests and played an important role. However, the crime of false advertising and advertising in China in the field of criminal law is still a new offense, and with the socio-economic change and development activities, today's social behavior of all kinds of false advertisements, it reveal its own diversity and complexity of the characteristics of the crime of making a number of important legal issues a legislative loophole, for example, whether the conduct constitutes a crime of false advertising, false advertising on the subject of the crime to sanctions under the criminal subject's responsibility to determine the appropriate penalty, how to identify the behavior and false advertising False Advertising crimes, as these issues to the practice of judicial workers inconvenience the work may lead to indulgence, tolerate criminals. In addition, our existing laws on false advertising provisions of the crime limited to "Advertising Law", "Anti-Unfair Competition Law", "Product Quality Law", "Consumer Protection Law," "Advertising Regulations", "Advertising Management Act Enforcement Rules, "and other laws and regulations scattered provisions, on the false advertising act of punishment, often due to the lack of express provision in the law of civil or administrative sanctions only confined within the range, resulting in real life, despite repeated prohibition of false commercial advertising, more and more rampant. In addition, the existing criminal law and related legal and not false advertising endorsers include the areas subject of the crime, did not provide the specific scope of criminal responsibility, which led to the Criminal Code to spokespersons of the legislative gaps, making the behavior of endorsers lack of legal regulation, which can not effectively protect the interests of consumers. In addition, the existing criminal law on the crime defined objective criteria identified shortcomings, the crime of false advertising on the identified "serious cases" standard does not make a specific, clearly defined, so workers in the case of judicial practice, the exercise of discretion, while may cause different punishment with the crime phenomenon.Therefore, improving criminal law and related legal provisions relating to acts of false advertising, false commercial advertising to punish criminal activity, protect the state advertising campaign management order to safeguard the legitimate rights and interests of consumers, already imminent.