| Legal regulation on comparative advertising in our country is still at the preliminarystage, the overall attitude is "ban" principle allows, exceptions. Comparative advertisingappears in the broad field of freedom, practical application is hidden everywhere in chains,the judicial practice in the use of comparative advertising is often seen as ACTS of unfaircompetition. In this paper, in the pursuit of our country about comparative advertising in theprocess of legislation and judicial practice case standards under the condition of the system,the summary of relevant legislative shortcomings and defects, and in view of the real criticaland clings to the legal regulating of the two new types of comparative advertising problem,based on the experience of the overseas related legislation and judicial practice, to explore ourcountry legal applicable legal norms regulating comparative advertising. In addition to theintroduction, this paper is divided into four main parts:The first part: the defects of comparative advertising system of law in China. Thissection from1987to2013, in the process of legislation of our country, summarizes thedisadvantages and shortcomings of legal norms about the comparative advertising: in view ofthe existing legislation on direct comparison advertising compared with the best level ofadjective phrases absolute limit of wrong; The lack of legal standards cannot effectively guidethe use of new forms of comparative advertising; As a result of unfair competition disputescaused by comparative advertising decided that the absence of standard of ACTS of unfaircompetition; Industry specific scope of comparative advertising ban improper choice;Comparative advertising of a series of problems such as imperfect legal system, legalprotection problems and gaps, is not so much the shackles of freedom than limit.The second part: comparative advertising analysis of judicial practice. This part mainlyfrom the cases involving legal issues, the analysis explores our country current judicialpractice to compare their advertising attitude and the processing of legal criteria, to reflect onour country’s legislative practice and judicial practice in view of the deficiencies and defectsof comparative advertising related legal regulation.The third part: comparative advertising in the US and Europe legal regulation ofinspection and enlightenment. This section about comparative advertising meaning of drawlessons from the United States and the European Union, legal standards and relevant content of legislative experience, at the same time, draw on the real critical and clings to the judicialpractice of comparative advertising attitude, to meet the development thinking of the valueorientation, to guide the legal regulating of the legislation practice in our country, moreexpectations in reference to complete about comparative advertising, the formation of legaljudgment standard in our country, perfect the relevant legislation system.The fourth part: the path of comparative advertising law regulation. This part by Chineseand foreign legislation and judicial practice experience summary and reference, to explore avariety of paths of comparative advertising in our country legal regulation, to perfect ourlegislation system of comparative advertising and revised the relevant legal norms. Specificperformance for pay attention to comparative advertising legal regulation system ofsystematic and docking; Correct the existing legislation does not reasonable legal norms;Clear legal judgment standard of the "three basic principles","three basic principles","threelaws". Draw lessons from the American association of industry and advertising association,etc. The successful experience of self-discipline regulatory system, strengthen theconstruction of our country’s comprehensive regulatory system, clear the government role inthe comparative advertising supervision, strengthen the role of advertising industryself-regulatory organizations, strengthen the supervision of mass media and other socialinstitutions. |
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