On Comparative Advertising And Its Legal Regulation,

Advertisement plays a very important role in modem commodity society. It's works like lube or engine in economic life and has been a quite important tool for competition. Comparing advertisement is new type of advertisement. It' characteristics is to show the advantages of one's products by comparing with the other congener competition products or service against. For this, it can achieve much better effects than other types. So it is becoming more and more important in modem commodity society. For the reason comparing advertisement works by comparing with other advertisement, comparing advertisement has both good things and bad things at the same time. So there are quite a lot debates in both theoretical and practical fields on lawfulness and justness of comparing advertisement, and legal supervision too.Legal institution about comparing advertisement is far form perfect in China There is a long distance between China and other economic countries. This situation must been changed for it cannot satisfy the need of modern economy in China. For the reasons mentioned above, the problem on how to supervise comparing advertisement to make it perfect is an urgent topic to discuss and solve.In this article, the author tries to study the comparing advertisement institution with the angle of view of economic law supervision both theoretically and practically. This article can be divided into the following parts: preface, the definition of comparing advertisement, theoretical basis of comparing advertisement, the lawfulness of comparing advertisement, the unlawful comparing advertisement and the problems related the perfection of comparing advertisement in China. In the following parts, the author will study it in detail.Preface. The most obvious characteristics of comparing advertisement are propagandizing the products by comparing with product congener. This determines the existing of the facts that comparing advertisement has goodness and defects both. How to supervise and lead it to a correct way to exert its advantages is a very urgent and important work.The definition of comparing advertisement. In this part, the author studies connotation of the comparing advertisement and the related institution in other countries firstly. In the author's opinion, comparing advertisement is a kind of advertisement which make consumer can distinguish its products or service from others by comparing with other products or service in same competition fields.Theoretical basis of comparing advertisement. In this part, the author discuss the theoretical basis of the existing of comparing advertisement from two aspects. Firstly, comparing advertisement is one of the commercial sayings. It's one of the ways people use their right of liberty of speech. So it should be protected by constitution. Although comparing advertisement has the threat of aggrieving other competitor's reputation, it cannot be denied just for this. On the contrary, we should collocate all rights reasonably and effectively from the new angle for it is the goal of the related legislation. Secondly, giving a eye form the angle of economy, the author thinks comparing advertisement can perfect market competition framework, promote market competition, protect consumer's right and make the competitor enhance their ability of competition.The lawfulness of comparing advertisement. Focus on the criterion of being lawful, the author gives some consultative suggestions on judging the lawfulness of comparing advertisement form the angle of practice. They are: justice, truthfulness, comparativeness, faithfulness, restrictive ness, and ,non-aggressive- ness.Unlawful comparing advertisement and the problems related The author analyzes the connotation and characteristic of comparing advertisement firstly. While comparing with other advertisement, the advertiser always make consumer mistake their products as other products or service which have very good credit standing and trade marks by the ways of deliberately relate their products or service with others. At the same time,...