A Study Of Several Issues On Execution Of Law On Advertisement

The present study states the theoretical issues of execution of law on advertisement and investigates into the problems during practice based on the administrative law theoretical framework. By comparing the different systems of execution of law on advertisement in two countries which is of the different law systems, the research makes a systematic analysis of the legal strategy facing the challenge, advocates to learn the valuable experience abroad and perfect the"law of advertisement of China", states the author's ideas on how to execute the law on advertisement.The present research falls into four parts:Chapter one is the general survey of execution of law on advertisement. Execution of law on advertisement is an important part of the business and administration management, so it is of great importance to study it. Firstly, the basic issues of execution of law on advertisement will be made clear in this chapter, namely, definition of execution of law on advertisement, relationship between subject and object of execution of law on advertisement and so on. Through the analysis, the subject's authority to supervise object is clarified and the relation of right and obligation between subject and object is nailed down. Secondly, the characteristics and functions, which constitute the whole part of Execution of law on advertisement, are discussed in this part. Execution of law on advertisement is endowed with three features: legality, compulsion and ordinariness with the following functions: supervising, examining, charging, guiding and serving. The characteristics and functions constitute the whole part of execution of law on advertisement. Finally, the principles and contents, which is the core of execution of law on advertisement, is stated in the last part of this chapter. The principle is absorbing the new elements with the development of market-based economy. The principles of execution of law on advertisement consist in principle of administrating by law, principle of regulating, assisting and serving, principle of synthesized managing. The contents of execution of law on advertisement is composed of admittance of advertising market, assessment of advertising content, regulation of advertising management, approve of advertising release and punishment of advertising irregularity. The second chapter is the comparison of the different systems in execution of law on advertisement. The present study makes a comparison of the different supervising systems in four countries of USA, Britain, France and Germany. The three dimensions are included: the setting of institution, law and provision on advertisement and regulation on some special advertisements. The valuable measures taken during their supervising on advertisement could give some enlightenment on the execution of law on advertisement in China. It is these systems of the group lawsuit system, examination in advance system,"quality first, advertisement second"model, and legal responsibility investigating system that provide some guidance for perfection of"law of advertising in China". These contents, which involve not only the field of execution of law on advertisement, but also the field of production quality, shed some lights on improving production quality and avoiding false advertisements. Meanwhile, they provide some insights into protecting the interest of the inferior and weakening the illegal advertisements.The third chapter discusses the confusion, reasons and solution to the problems of execution of law on advertisement. It is more than a decade since The"Law of Advertisement"was enacted. In this period, the economy of our country has experienced a rapid development. Therefore,"Law of Advertisement"could not keep up with time. The occurrence of many new fields, such as Internet advertisements, cannot be foreseen before the law was enacted, so the execution of law on advertisement is facing many confusion and problems. The problems compose of the following four aspects: the irregularity of law application, the irrationality of supervising system, the unsuitability of supervising measures, and the insufficiency of examination system. The existence of these problems fosters the illegal advertisements. The reasons of these problems should be analyzed from two aspects: the reasons of the execution of law on advertisements, and the reasons of the unceasing illegal advertisements. The former refers to the imperfection of legislation and the low ability of tipstaff. The latter refers to the lack of legal consciousness, force of economic interest, the lack of strict examination and the ineffectiveness of self-discipline organization. The analysis of the reasons is crucial to solve the problem and provides guidance for seeking for advertisement supervising strategy. In addition, there are so many problems in the supervision of execution of law on advertisement that are beyond list, so the present study makes a systematic analysis on the children advertisement, net advertisement, false advertisement and comparative advertisement, which are representative. The"Law of Advertisement"does not prescribe the supervising means in detail, which needs further perfection by legislation.The fourth chapter is dedicated to the challenge to the execution of law on advertisement and the corresponding resolutions through law. China's entry into WTO has accelerated Chinese advertisement's development all over the world, bringing more opportunities as well as challenge to Chinese advertisement. There are some aspects of the execution of law on advertisement that do not meet the needs of entering WTO. Specifically there are three aspects that are not satisfactory. Firstly, there are some aspects in the regulations of the execution of law on advertisement that are contrary to the requirement of WTO. Secondly, the supervision of advertisement in our country is realized mainly through administrative enforcement with the interference of self-discipline and justice as the assistance. The effect of the self-discipline of the advertising trade is not exerted. Thirdly, our country puts too much emphasis on the supervision of admitting the advertisement, but neglects the comprehensive supervision of the advertising conduct. All these problems demand an effective resolution and the construction of a complete, efficient and quick reactive system of advertising supervision so as to normalize our market of advertisement. In order to deal with the challenges the following methods are necessary. First of all, we need to improve the advertising legislative, which includes comparative advertising, children advertising, false advertising, internet advertising and the improvement of other specific items of legislative. Through increasing the corresponding items, the problem of lacking suitable corresponding law during execution would be solved. Secondly, it is necessary to perfect the advertising review system and the mechanism of departmental cooperation. We should learn from the abroad review system of advertisement and supervise at the beginning but not after. We should correct the advertisement that does not meet the requirement of publication in time, trying to suppress the rate of the publication of the inappropriate advertisement. At the same time we also need to change the passive situation and implement comprehensive supervision of the advertisement actively. In the aspect of departmental cooperation, we should change the separate supervision of industrial and commercial section into the supervision of allied departments. We need to adjust the inappropriate cooperation between departments and the phenomenon of disorder in order to make them cooperative, united and more efficient. Thirdly, it is necessary to guarantee the execution of consumers'supervising right and strengthen the self-discipline of adverting industry. We need to increase the enthusiasm of the consumers and ensure their right authorized by law, permitting them to supervise the publication and operation of advertisement voluntarily. Therefore the illegal advertisement would not survive under the supervision of consumers. At the same time we should adopt the advanced experience of advertising self-discipline organization in abroad, refine the industry's standard, exert the effect of the organization, compensate the defect of administrative supervision and prevent the disorder in the trade of advertisement. Lastly, we should build the mechanism of confining the supervising power in case the power would be abused. The administrative power of relevant department should be supervised and confined, including the confinement of neglecting and illegal acts to secure the authorized power would be actualized in an appropriate way. The possible resolutions include the follows: first, to improve the supervising mechanism of the national power department, to exert the supervising effect of citizens, and to ensure the execution of law on advertisement would be carried out rightly and justly; second, to establish the confining mechanism of the administrative department's supervision, to court the wrong execution, and to correct the wrong execution in time; third, to strengthen the system of justice supervision, to carry out judiciary supervision, and to court the administrators responsibility of wrong acts; four, to construct the system of public supervising consensus, and to bring the execution under supervision of public through the activities of new via media. It is only through this way that the execution of law on advertisement in our country could keep up with speed of time, the market economic order could be better maintained, and the Chinese advertisement could meet the international requirement stepping on the stage of international advertisements.