A Legal Regulation Study Of Comparative Advertising

In the modern market economy, society, advertising plays a very important role. It is both a product and service information to consumers about an important way, also the manufacturer of the basic means to obtain a competitive advantage. As a special form of advertising, comparative advertising by a specific goods or services with other competitors, compared to the goods or services, resulting in more strongly than the general advertising publicity. At the same time, it is also the case of more ads to compare the means to advertise their products or services, making it the goodwill of others may constitute infringement. At present, the laws and regulations on advertising in China is not perfect, the law of comparative advertising regulation is not complete. In the face of a large number of disputes, the law often appeared to be inadequate, so the more ads the issue of the legal regulatory system of research to make comparative advertising in a competitive market the product can be a sound legal system seems very important to avoid weaknesses.Based on the basic theory of comparative advertising analysis, this article refers to foreign-related legislation, tries to compare China's current advertising for the legal regulation of the shortcomings, and establishes of more effective advertising system for the legal regulation. Based on this knowledge, this article discusses the basic theory of comparative advertising issues and in practice how it can be an effective legal regulation. In addition to introductory and concluding remarks outside the text, and it includes four parts.The first part-the basic theory of comparative advertising. This section from the more basic content to comparative advertising, through the analysis of different national comparative advertisings, its legal characteristics and expressions are clarified. The rationality of comparative advertising is also analyzed through both economic value and social value. Meanwhile, based on study of different nations' comparative advertising in the legal system, comparative advertising refers to the express or implied way, goods or services and other related goods or services of competitors compared to highlight the characteristics of its own goods or services, advocacy. The aim is to consumers of such goods or services superior to other competitors, comparative effectiveness of goods or services.Partâ…¡-Legal Regulation of comparative advertising in China. This sector from the current state of legislation and practice, the existing deficiencies in legislation and practice the three parts of the Legal Regulation of comparative advertising in China, as well as the shortcomings of the current situation are analyzed. First of all, the comparative advertising legislation in China has general problems as follow:1st) the method of simplified, lower-level legislation.2nd) the content is not a unified concept is still unclear.3rd) the operation of arbitrary large. 4th) narrow the scope of application.5th) the law regulating the content of one-sidedness.6th) the best publicity prohibited. Secondly, the judicial practice, there are shortcomings:"autonomy" and the lack of commercial mediation mechanism for victims of the lack of protection principles tilt. Finally, the relief route unity.Partâ…¢-Current status of comparative advertising Legal Regulation in other countries. Based on legislative pattern and practice, of comparative advertising legal regulations in different counties are compared in this sector, from which lessons for China's comparative advertising model the formation of legal regulation to provide reference. There are different views of comparative advertising in different countries. US has adopted certain patterns, comparative advertising encouraged, attitude, and that comparative advertising is commercial speech should be protected by law, and non-commercial freedom of speech, but the level of protection is different and should be treated differently. The same time, being satisfied that unlawful comparative advertising was established on a relatively principles of evidence. In EU, instructions 97/55/EC on comparative advertising prior to the adoption of different members of inconsistencies in approach to comparative advertising, free flow of goods and services in the European single market were hindered. In order to change this situation, the EU has published 84 instructions and 97 instructions, where the meaning of comparative advertising, comparative advertising, as well as the legal fight against the error induced by the standard of advertising and not-acceptable comparative advertising mechanism of the implementation of the provisions were well-defined.Partâ…£-Legal Regulation's Perfection of Comparative Advertising in China. This sector is the final and also the most important one in this article, which includes further thoughts of improving the legal system of comparative advertising in China based on the aforementioned theoretical basis and experience from other national legislations. In connection with deficiencies in Part II, and from two aspects of practice and legislation, author involved legal system's perfection of comparative advertising in China.