On The Legal Regulation About Advertising Illegal Actions

With the development of market economy, illegal operations by means of advertisements become more and more serious. The spreading of illegal advertisements and the uncontrollable situations of illegal activities have brought huge damage to the people's life, or even their lives, and trampled the principles of"human-based"human rights. What happened is especially apparent in the field of medical advertisement, which could be justified the occurring rate of illegal medical advertisements, that is as high as 98%. This paper aims to explore the causes of illegal advertisement and then propose the effective counter-strategies from the perspective of the practical operations of illegal advertisement.The paper, based on the basic theory of law, especially the basic theory of legal principle, and the basic theory of economic law, such as the theory of market malfunction, and the theory of market regulation, analyzes the causes of illegal action of advertisement and puts forward corresponding legal regulations.The article consists of three parts, including: summarization of illegal advertisement; the causes of illegal advertisement; the legal regulation of illegal advertisement. Part 1: Summarization of illegal advertisement. This part introduces the concepts, features, current conditions and damages of illegal advertisement. Under the supervision of advertisement, due to the fact that the supervising mechanism of the administrations is not so sound that some illegal or improper administrative activities have not been effectively prohibited in time, great damages have been done to the legal rights of people. Thus, the administrators who hold weak legal administrating principles need to improve their ability to deal with the legal administration.Part 2: Causes of illegal advertisement. The causes lie in the malfunction of law-enforcement mechanism led to by the lagging legislation. To be exact, it includes four aspects as follows. Firstly, legal systems of advertisement contain legal loopholes manifested mainly by the narrow regulative scale of advertisement law, defect of subject right in advertisement legislation, defect of advertising law-enforcement procedures. Secondly, the advertising inspective law-enforcement mechanism can not work properly, which shows in such fields that the advertising law-enforcers lack legal responsibility; that the investigative system of multi-department affects advertisement supervisory effect; Thirdly advertisement media lack self-control management; that industry administrative department is short of supervision and management; that the advertising industry lacks self-control management. The last one, this thesis give some examples on absence of social supervision about illegal advertisement.Part 3: Legal regulation of illegal advertisement. According to the causes of advertising illegal actions, this thesis probes into the regulations of illegal advertisement actions from two aspects, namely perfecting the advertising legal systems and improving advertising control systems. Firstly, enlarging regulative scale of advertisement law and perfecting responsibilities in advertising. Secondly, the special department of advertisement administration be given the administrative rights to exert the advertisement control, establish the united inspective bodies and perfect the responsibilities of the advertising law-enforcers . Thirdly, advertisement control systems should be improved, the self-control of advertisement be reinforced, trust systems of advertisement be established and perfected. In the end, this thesis give some advice on how to strengthen social supervision about illegal advertisement.