On The Issues Of Misleading Conducts

In market-oriented economy, some competitors oftentimes make such misleading indications and publicities regarding their goods and services for the purpose of market share as legally defined as misleading conducts.In light of the serious harmfulness and frequent occurrences of misleading conducts related to a narrow scope of legally defined misleading conducts, unrecoverable liability schemes, and lack of procedures and standards, such conducts have become an obvious problem. Therefore, key issues arising out of or related to misleading conducts are fully researched and discussed herein as a basis of perfecting relevant legal system of China.Part One of this thesis starts with various definitions of misleading conducts in various jurisdictions, and then analyses the concept of misleading conducts. In addition, it groups misleading methods into new categories based on misleading contents as well as from the perspective of performance and non-performance.Part Two hereof represents constitutive requirements of misleading conducts subject to an analysis of Subject, Object, Subjective Elements and Objective Elements thereof. It also clarifies the differences from approximate unfair competitive conducts in a comparative way.Part Three makes a brief introduction at the outset to the theory and practice in relation to the judgment of misleading conducts in USA, Germany, EU ,Taiwan and Australia. And then, Callmann's judging criteria is introduced in details as a theoretical background for a judging criteria formulated in China suggested in the following.Part Four analyses the legal liabilities arising out of or relating to misleading conducts in civil, criminal and administrative aspects.Finally, it is concluded that certain amendments to the provisions...