The Law And Economics Analysis On Legislations For Bringing False Advertisings Under Control

The advertising industry in our country has developed swiftly and violently, it has obtained the encouraging result. Moreover, along with the internationalization tendency of the advertising industry's developing, the developing space of our country's advertising industry will be very enormous. But it is an established fact that the false advertisements have obviously done the harm to the society in recent years. And the dynamics of management about the false advertisement are gradually enlarging by the government. It becomes to be an important and difficult problem in theory or in the real that how to perfect the legal system of our country's advertisement and how to bring the false advertisement under control effectively. This thesis discussed from the origin and the harm of our country's false advertisements. According to the substance of our country's advertisement law, this thesis discussed the flaw of the legislation on the false advertisement with the method of the law and economics analysis. It proposed the political suggestions on consummating the legislation about the false advertisement.This thesis mainly includes four parts of contents. At the First part, through summarizing the connotation and the extension of the false advertisement's category, it comprehends the forms of expression and the artifice being used and the condition of the false advertisements in our country. It fully realized the serious influence by the harm which has already spread in the socio-economic life from violating consumer's legitimate benefit microcosmically to the advertising industry and the development of national economy macrocosmically. After examining the origin of the false advertisement from different angles, it discovered the prominent reason which in the reality the false advertisement can be in flood is the insufficient consummation of the advertisement legal system and the low efficiency by the management model.Secondly, though taking the summary and the comparison between the main developed countries and our country on the legislation practice for governing the falseadvertisement, it comprehends the main standard contents of the present legislation for governing the false advertisement in our country.Thirdly, by using the law and the economics elementary theory and the analysis method, it took a balanced-analysis on the relations between supply and demand of advertisement law in our country. Then we can realize the insufficiency of the legislation supply of laws and regulations in governing the false advertisement. It is unbalanced between the social demand and the supply of the legislation. With the cost-benefit analysis, it cleared the influence factors in the governing false advertisement legislation's costs and benefits. By the analysis on the legislation and the implementation's cost-benefit, it cleared the coordinate requests and the significance between the legislation and the enforcement. Through the efficiency contrast-analysis on the governing false advertisement legislation and the set-up of the burden of adducing evidence, we can realize the different efficiency and the necessary for reforming the management model. We can find the most superior way to consummate the government false advertisement legislation.Finally, based upon the analysis and the research in the above chapters, we can obtain the correct appraisal of the legislation practice. We can discover the flaw of the false advertisement legislation in our country. We can get the political suggestions on consummating the legislation on governing the false advertisement.