Research On The Legal System Of Comparative Advertising And The Perfection Of Chinese System On Comparative Advertising

Roberl Gllan, a famous advertising critic of France, once said that atmosphere that we are breathing is composed of nitrogen and oxygen and advertisement. In modern china, advertisements are in the ascendant. Advertisements combine production with consumption. One side, it is the means of sales promotion, which can accelerate and flourish our economy; on the other hand, the advertisement is also the channel through which the consumer can obtain the information about merchandise and service, it has the function of leading consumption. Among various sorts of advertisements, comparative advertising takes great part in extensive market. Comparative advertising, simply said, is the advertisement which contains the content of contrast, namely choose some kinds of merchandise or service to compare, in order to explain the excellence or character of merchandise and service. It sprang up step by step in America in 1970s, heretofore the most of counties in the world have ratified and constituted special legislation to regulate it. In our country, because market economy hasn't developed in a sufficient degree, laws about advertisement propagandize deficiently, comparative advertising has not be defined specifically as yet, hereunto people appraise it differently, there are many different viewpoints and blurry cognition. Along with farther development of market economy, the laws about advertisement have increasingly emerged the limitation of lag, especially there is sizeable warp between some new situation and problem and existing laws of advertisement, it has not completely met the demand of economy development. Therefore, we should amend and perfect correlative legislation, make it definitely and concretely. One aspect, it can hasten healthy development of comparative advertising, on the other hand, it can maintain fair competition order, protect legitimate rights and interests of operators and consumers. This text analyzes the existent of rationality and validity of comparative advertising, on the base of expounding concept,variety and the current of legislation of comparative advertising, and confirms the standard of illegal comparative advertising and legal duty, puts forward legislation opinion of legitimate standard of comparative advertising. The text is composed of four parts, the main contents are asfollows: Firstly, the author brings forward recognized concept about comparative advertising, indicates it's characteristic, on the base of integrative analysis about comparative advertising concept. Text generalizes multiform comparative advertising in our daily life, in the last of first paragraph, expatiates legislation attitude and current of comparative advertising of market economy countries. This part is the base of the following. Secondly, text mainly analyzes the existent of rationality and validity of comparative advertising, and advances legal principle that legitimate comparative advertising should accord. Through three angle of comparative advertising and consumer, comparative advertising and competitor, comparative advertising and competition order, text analyzes the existent of rationality of it, and expounds the existent of validity of comparative advertising, through analyzing three aspects of maintaining liberty of speech and liberty of economy and essential principle of economic law. At the last of this paragraph, text puts forward legal principle that legitimate comparative advertising should comply. Thirdly, on the base of expatiating various forms of illegal comparative advertising, text mainly analyzes inscape of illegal comparative advertising and relation between illegal comparative advertising and unfair competition behavior. At the same time, text alsoexpounds existing legal liability of comparative advertising. Finally, integration of Chinese situation, on the base of specifying the law about comparative advertising, text indicates the limitation and problem, and puts forward amendatory measure of comparative advertising legislation, such as establishing specific legislation attitude about comparative advertising, presenting clear and enforceable legal standard, perfecting legal liability to protect it.