Research On The Crime Of False Advertising

Since the reform and policy,along with economical development the advertising industry rapid development and makes the big progress in our country.Now,the advertising of all forms exists in ours life, the advertising not only makes our life more colorful,but also makes our understand more about the thing we faced.But we can't denial the thing that the advertising is changing our life unconsciously,the bad thing is the birth of the false advertising,it had damaged our country's advertising control system,other operator and consumer's legitimate rights and interests.Attack and regulation the false advertising will play an important role to the aegis of the market economic order.But in thirty years time since The Ninety-seven Criminal Law provisions the acts of false advertising as the Crime of False Advertising, in countless cases of false advertising,only a few cases were sentenced for the Crime of False Advertising, The Crime of False Advertising is facing a serious dilemma of justice. Correctly identified the problemes of the elements of the Crime of the False Advertising will play theoretical and practical significance to thoroughly the Principle of legality and the Principle of suiting punishment, but our academic circles is not more about the research on the Crime of False Advertising and mostly made by each side, there is no uniform conclusion.Under the environment of Socialist market economy with Chinese characteristics,the writer have the idea of theory with practice and realistic,in strict compliance of the Principle of legality and the Principle of suiting punishment,with some forefront of theoretical results of the Advertising, the writer list a lot of problems of the Crime of False Advertising,analysis,hope to come to a scientific and rational solutions.This article mainly studies the legislation and defects of the Crime of False Advertising in our Country,summarize other scholars'research conclusion about the Crime of False Advertising,combined with the theoretical research and legislation of domestic and overseas,offer some perfect proposals through the study of the Crime of False Advertising. Specifically,mainly studies the emergence, development and function of Advertising;the emergence,hazards and determination standards of the false advertising;the elements of the Crime of False Advertising and analysis identified the problems;the limits of the Crime of False Advertising and the Crime of Fraud,the Crime of manufacturing or selling fake and inferior commodities,the Crime of Counterfeiting registered Trademarks,the Crime of counterfeiting the Patent of Another,and the properties determination of the Product placement,the criminal liability of the false internet advertising,give the view of my own to the existing problems,express my humble opinion on the new problems,hope others can give some better solutions to guide the judicial practice betterly.