The Establishment Of The Unlawfulness In Comparative Advertising And Theperfection

Comparative advertising is special type of advertising.It's characteristics is to show the advantages of one's products or service by comparing with the other congener competition products or service against.For this,comparative advertising is highly praised by the business man.But as anything,comparative advertising comprises both advantages and disadvantages.It induce quite a lot entanglement.Now, legal institution about comparative advertising is far from perfect in China.So it's important to pay more attention to that how to bring comparative advertising into the legislation. So that it can operate without harm. That also is the focus of this paper.By analyzing the basic theory and the rationality and judging the illegal comparative advertising and using the advanced experiences of other countries for reference,because our legal system of comparative advertising has many defects,we must revise our rules for comparative advertising,and try to make them perfect.First,we must define Comparative Advertising accurately. Comparative Advertising needn't point out the name of the opposite side,and needn't compare concretely. Comparative Advertising has initiative Influence one economy. Meanwhile, in the light of the freedom of speech and economical right in constitution,we can prove it legal.Therefore, to perfect the legal norms of comparative advertising in China, firstly, we should permit utilizing comparative advertising obviously in legislation;secondly, we should catch up with the world developing trend, and reform our comparative advertising norms of law and regulations according to our economic requirement; and finally, we should establish perfect social supervision mechanism.