Researches On The Legal System Of The Supervision Of Advertising

Recently, the advertisement market is very disordered. Although the State's interrelated administrate department made many rules, even banned advertisements those praised by notable person or sale on TV, illicit advertisements were broadcasted all the same. At the National People's Congress, a lot of agents suggested modifying the Advertisement Law.As the law circle does not attach importance to the supervision of advertising, the supervision of advertising is weak in legislation. Therefore, there are many essential problems in the field of the supervision of adverting. In modern legal society, it is appreciated to administrate according to law. It is hard to get excellent results without the help of perfect laws. The state administration for industry and commerce, the sate administration of radio film and television, the ministry of public health and the ministry of culture have acted together to regulate the environment of advertisements for many times. However, the actions do not improve the environment remarkably. In June 2007, the synthetical channel of Ningxia TV station and the synthetical channel of Gansu TV station were punished by the state administration for industry and commerce because they had broadcast programs which were prohibited, including the information for medical treatment and TV-shopping. As a punishment, they were prevented from broadcasting all the commercial advertisements for a period. It is a serious problem that the provincial TV stations disregard the rules established by the nation and act against the rules without being afraid, which indicates that there must be some problems in the field of the supervision of advertising.Because of the phenomena above, this article studied in the field of supervision of advertising. Firstly, introduces the supervision system of advertising in America and European Union, and the rules of international advertisement organizations. The article analyzes the advertisement law and the format of advertising supervision, points the problems in the advertising supervision field. This article has five parts. Chapter One introduces the basal theory of advertisement and the supervision of advertising, in order to provide necessary knowledge for the article blow. Chapter Two studies the legal system and supervision format of foreign county , includes the supervision format of advertising of America, the supervision law of advertisement. This chapter wants to study the experiences of legislation and supervision of developed country, to provide consultation to our country. Chapter Three studies the experiences of international advertisement circle. They are: self-restrict system and rules of international advertisement organization. Chapter Four analyses the supervision conditions of advertisement recently, from angles of legislation of advertisement and supervision format. This chapter pointed that it is not balanced between the advertisement law and advertisement, and the supervision format is not advisable. As the advertisement law, the structure of law is not reasonable. Although Advertisement Law is the basic law in the field of supervision of advertisement, it binds so little field. The articles in law is not concrete, the measures are not strong enough. The connection between advertisement law and other law is not concordant. From the angle of supervision of advertising, there are problems as mismatch of supervision administrations, the divergent goal of supervision, etc. Chapter Five puts forward suggestions as blow: on one hand, modify the advertisement law all over again. Such as, improve the system and the structure of the legal system for the supervision of advertising in the technical ways, change the emphasis the supervision, easy the permission of the advertising industry, refine the standards for competitions, reinforce the maneuverability of the laws, etc. One the other hand, complete the supervision format of advertisement, reinforce the industry's self-discipline.In the law circle, there are few people researching in the supervision of advertisements. The objects of this paper are to innovate, advance the research and draw more attentions from the law circle for the supervision of advertisements. As the author's knowledge is limited, more discussions and researches are needed.