On The Liability Of Illegal Advertising

Under the market economy, the important role of advertising is undoubtedly. While illegal advertising harm to society should not be overlooked either, and its greatest harm is to the interests of consumers. The current judicial practice and the theoretical study more often refer to false advertising, but the concept of false advertising is a narrow. The first of task of this paper will distinguish false advertising between illegal advertising, and then distinguish the elements of illegal advertising clearly. And make it clear that illegal advertising can be actionable. Resulted in consumer's damage due to illegal advertising, the existing laws and regulations to the compensation liability of advertisers and advertising is not clear and reasonable, and especially legal imperfections caused that consumers can not demand compensation. This paper attempts to discuss the principle of compensation to illegal advertising and compensation individuals. Establish the compensation system that the compensation individuals should shoulder the joint liability because of their illegal advertising to achieve the purpose of establishing China's legal advertising system.