The Research On False Advertisements' Legal Regulations

In the society of market economy, the primary form of illegal advertisements is the false advertisement. The false advertisement spreads widely, so that its harm is more serious than general civil false behaviors, and it should be pay more attention to by law. This paper involves both substantial law and procedural law, national law and foreign law, both theory and practice. In order to compensate the disadvantage of the current law system, the author points out the corresponding suggestions, and hopes that the advertisement industry will develop healthily.At first, this paper summarizes the intention and extension of the false advertisements, and comprehends the characteristics, documents, forms as well as standards. Besides, the paper describes the standard of common attention, the standard of observing the entirety and comparing the important part, and the standard of isolatable observing in different time and different place. Secondly, the paper explains the causes of formation and the dangers about the false advertisements which encroach the rights of consumers in microcosmic area as well as hinder the development of advertising industry and civil economics in macroscopic area. At the same time, this paper uses law economic theory to analyses the causes about the false advertisements' formation. Thirdly, this paper points out that the current legal system exists many short comings. For example, many new forms of false advertisements haven't been adjusted by the law. The mode of investigation doesn't suit the current situation. The supervision of the false advertisements'behaviors and the protection of the victims exist many short comings. The execution of the legal duty is not complete. At last, the author puts forward many suggestions to resolve those questions lying in the current legal system. Directed against the blind area in legislation, the author advises to complement the new forms of the false advertisements. We should popularize the beforehand administrational investigation, and perfect the organization system of autonomy examination. We should strengthen the government of those behaviors. The spokespersons may take on the responsibility of false advertisements too. Our country shall confer enough rights to those consumers. We should focus on the scope and execution of the responsibility.