On The Legal System Of Comparative Advertising

As a special form, comparative advertising brought in for the public to the rich and unique information about the goods or service, and meanwhile, issued a challenge against the traditional legal system. On the one hand, the comparative advertising has the advantage of persuasion on the consumers, manufacturers make publicity by way of contrast, the prominent advantages of their products or service, strong hints from the senses of consumers;On the other hand, the comparative advertising drawbacks is that manufacturers can not be divorced from the economic benefits of their own concerns when making comparisons, in the process of comparing more or less, consciously or unconsciously demeaning other's goods or service. Improper use of comparative advertising would constitute unfair competition.In the current increasingly competitive market, the advertising industry is also thriving, diversified forms of advertising, including more and more disputes of comparative advertising, therefore, how to effectively improve the legal system of comparative advertising, guide and regulate the comparative advertising, and take its advantages, is an important issue facing scholars, which is the focus of this article. Everything has two sides, competitive advertising is no exception. Therefore, we can not compare the deficiencies inherent in the prohibition of advertising its existence, the existence of comparative advertising should be affirmed on the basis of rationality, using legal means to give the necessary and appropriate control, giving it legitimacy. Based on the concept of the form of comparative advertising, unfair competition and the legitimacy of the performance standards of conduct and other basic theoretical analysis and the relevant legislation from abroad, trying to identify the defects of the current legal regulation on the comparative advertising, certain ideas to the perfect ad legal system are proposed. The full text from the three parts is discussed.Part one:The "definition of comparative advertising." In this section, mainly from the legal point of view of the object of the concept of comparative advertising, and legal characteristics, that the owners of the comparative advertising compare their goods and service with the same competition in the field of competitors to show the quality of their own, thereby affecting the consumer decision-making or other economic behavior a form of advertising, thus the forms of advertising in social life are summarized. Part two:The "Legality of comparative advertising." The three models of legislation on comparative advertising in the developed countries are firstly introduced, then making the theoretical analysis from the perspective of bundle the Constitution, economics and economic law, the legitimacy of comparative advertising, and the four types of comparative advertising constituting unfair competition are summarized and I put forward my own views on the standards of legitimacy of comparative advertising. Part three:The "Law of Comparative Advertising System." This part is the last and the most important part, which is based on the theories, some thoughts on improving the legal system of comparative advertising are formed. In this part, the existing laws and regulations related to the comparative advertising are firstly combed up, and the shortcomings are pointed out, and then advices in four aspects as the legal system from the specification, defining concepts and forms, establishing the standards of legitimacy, improving the system of liability or supervisory on how to perfect the legal system of comparative advertising are raised.