A Research Into The Legal Regulation Of The Comparative Advertising

With the development of market economy,comparative advertising is both a way transmit product or sevice information and competive means in operators.Because of its necessitty and reasonableness,the operators use it widely.It is a controversial advertising form,which has advantages and disadvantages.Legitmate comparative advertising is not only promotes healthy competition between operators,but also protects consumer's interests and accelerates the development of market economy.Illegal comparative adverttising includes a variety of unfair competition that disturb the competive order seriously and infringe other people's proper rights.For these aspects,our current laws have not clear provisions.Even if there are many simple lower legal hierarchy laws and regulations.How to constrain comparative advertising by law which can develop superiorities and inhibit shortcomings,is a focus that concerned by all contries's legal system.I will also sought to study it in this thesis.This thesis includes 6 parts. The first part discusses the comparative advertising's concept and types .The second part elaborates the legality of comparative advertising from the relationship between it and competition,consumer interests,freedom.At the same time,I point out the harm of illegal comparative advertising which comprise of fake,defamatory and"free rider"comparative advertising.Through these,I discuss the theoretical basis.Then,I sum the related laws in China.Besides these,I put forward the current situation of comparative advertising in our country combined with 3 specific cases.The fifth part summarizes the related laws in the United states,Britain,Germany and European Union.These contries's attitude toward the comparative advertising is"allow in principle,ban in exception",however,the United sates's provisions are more tolerant than EU.The sixth part suggests china's legal framework of comparative advertising.The specific aspects contain the choice of legal value(freedom and order),the determination of legislative principles,the specific provisions(define its concept,legal standard,illegal elements and liability).I consider China's law should base on the patiicular situation of the own country and assimilate foreign countries's experience.In the choice of legal value,we should put order in priority.In addition,the legislative principle is"allow in principle,ban in exception"and inplement the fundamental principles of economic law.,The last part is a summary.