Legal Regulation Of False Advertisement In China

With the continuous development of market economy, our country economy level enhances unceasingly, increasing access to goods and services in the market, the market main body competition between each other. For the sake of their own goods or service information to consumers,market main body mainly by advertising their own goods and services, so advertising has played a very important role. But as a result of market economy in our country is not perfect, relevant laws and regulations is not perfect, and based on the mercenary nature of market main body, the lack of good faith mechanism in our country, result in false advertisement emerge in endlessly, seriously violate the legitimate rights and interests of consumers, damage the normal social economic order, and even violate the fairness and justice of the society as a whole.Governance false advertising is particularly important, so by perfecting legislation and the relevant system, perfecting the governance of false advertising law enforcement and judicial measures to reduce the occurrence of the false advertisement and maintain the normal social economic order.This article contains five parts.The first part of this paper first introduce the concept of advertising, and then to a brief overview of false advertisement, including: the concept of false advertising, characteristics, types, standards, through the introduction to the basic problem, providing theoretical basis for the back of the paper.In this paper, the second part mainly introduces the harm and cause analysis of advertising, false advertising infringe on consumers’ legitimate rights and interests, damage the interests of the legitimate operators and disrupt the normal order of market economy, and the interests of the driver, the advertising industry self-discipline system not perfect and poor consumers to protect themselves are the social reasons of false advertising flood.The third part mainly introduces the advertising management in our country the deficiency of relevant laws and regulations, false advertisement in our country at present the relevant laws and regulations is not perfect, for law enforcement and judicial aspects of false advertising, there are some drawbacks in the effective governance of the influence of false advertising in China.The fourth part introduced in this paper the United Kingdom, the United States, Canada, Germany and Japan the governance of false advertising experience and enlightenment to our country, the system is worth our using for reference.In this paper, the fifth part puts forward some proposals to perfect governance false advertisement, through perfecting legislation, perfecting the false advertising law enforcement and the judicial system,the advertising industry to strengthen self-discipline and social supervision, establish social credit mechanism in our country, the implementation of the management of false advertising, safeguard the legitimate rights and interests of consumers.