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A Research On Exaggerated Advertisements’ Legal Boundaries

Posted on:2013-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhuFull Text:PDF
GTID:2246330371488273Subject:Law
Abstract/Summary:PDF Full Text Request
With the development and perfection of China’s socialist market economy, competition mechanism, as the lifeline of market economy, is gradually becoming mature. Operators take all kinds of strategies and tactics to attract consumers, to scramble for trading opportunities, and to seize market shares in market competition. Therefore, various kinds of commercial advertisements emerge in each corner of our social life, especially some art advertisements using exaggeration and metaphor. These art advertisements, lacking a clear difference from false advertisements, are attracting dramatically more attention from consumers, legal and advertising academic areas. In recent years, there are an increasing number of unfair competition dispute cases regarding false advertising and propaganda being accepted by the court. The criteria to judge false advertisements have always been a hot topic and a difficult question both in theory and in practice. This paper, based on cases about exaggerated advertising combined with domestic and foreign theoretical analysis, legal regulations and judicial practice on false propaganda, will further discuss the judgment criteria for false advertisements and summarize a practical standard regarding the definitions of false advertisements and exaggerated advertising, in order to provide references and help for future judicial practice. The general structure is as follows:The first part is instruction. In this part, a case in which an exaggerated advertisement was sued as a false one is quoted. The question of definition standard for exaggerated advertisements and false advertisements is put forward through the analysis of court’s referee reasons. This paper also introduces the purpose, the method and the significance of the research.The second part theoretically analyzes the conflict between art and reality in advertisements. The inner conflict between artistic quality of advertisements and authenticity required by laws and regulations is analyzed through investigations into the history roots of advertising and the inherent requirements delivered by advertising messages. Regarding the theory part, the paper analyzes the necessity to regular advertisements from the perspectives of economics and jurisprudence.In the third part, the paper bases on21cases collected from the case base which involves art and exaggerated advertising, analyzes the court’s referee reasons, and then gets a preliminary conclusion------the definition standard for art and false advertising is whether they are misleading or not. Finally a specific standard to judge an exaggerated advertisement is got under the’misleading’ standard after the classification of different referee reasons.The fourth part investigates into China’s present judgment criteria for false advertisements based on the theoretical conceptual analysis and constitutive factors regarding false advertisements and exaggerated advertising respectively. Then the paper tries to get some references from foreign regulations and judicial practice on false advertisements to use in China’s laws and practice. Eventually, the conclusion of this paper is got from the factors considered for the definition standard for false advertisements and the summary of the judgment criteria for exaggerated advertising and false advertisements.
Keywords/Search Tags:exaggerated advertisements, false advertisements, misleading or notconsumers, definition standard
PDF Full Text Request
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