False Advertising Crime Study

In this writing, human society has entered the second decade of the twenty-first century. This is the times that an economic, technological, cultural, education and other fields are rapidly developed . It is the era of rapid development of the advertising industry.. Some scholars believe that the advertising industry's rise and fall indicates that the future direction of the national economy, and the national economy also deeply affects the quality of the advertising industry. We can say that the advertising industry is a barometer of national economic development. But with the rapid development of the advertising industry, false advertising like a ghost is haunting round it, and false advertising is just like a large malignant tumor which restricts the development of the advertising industry. Therefore, greater efforts have to be made to control false advertising, especially it is very necessary to effectively combat with the crime of false advertising. In this paper, referring to the experiences of other countries and regions to explain the standards of the false advertising I try to explain the standards to recognize the false advertising and systematic analyze the elements of the crime of false advertising and other crimes as well as their definitions. This thesis has a certain practical significance for improving the legislations of the crime of the false advertising. This article is divided into four parts:The first chapter is on the definition of false advertising. Combined with identified for the false advertising in China Taiwan, the United States and other countries and regions, this chapter makes the detailed discussion of the identification of false advertising and the legislative proposals besides first discussion of the concept of false advertising. In particular, put forward two principles to recognize false advertising: go against the objective truth of advertising and mislead a certain number of general advertising audiences. And these two were carried out in detail.The second chapter discusses elements of the crime of false advertising. This chapter is the largest part and the key part of this article. This chapter is more detailed analysis of the crime of false advertising from the subject, object, subjective and objective aspects, with emphasis on analysis by giving examples on the subject of the crime of false advertising.The third chapter is crime of false advertising. This chapter analyzes the following aspects: 1, Separating not false advertising from false advertising ; 2, The differences between the false advertising and fraud; 3, False advertising, commercial crime and damage to reputation, business reputation . 4, False Advertising crimes and the crime of selling shoddy goods .The fourth Chapter is called the researching of crime of false advertising on the base of law . The fourth chapter analyzes the current Penal Code of the crime of false advertising. And finally proposes increasing the punishment to the crime of false advertising, sets the standards of fine of this crime and improve the legislative proposals.