The Administrative Supervision To The Release Of Advertising Information

With the rapid development of China’s economic and social, the advertising industry is also rising rapidly and increasing high position. In the economic life of the enterprise, to consumers and cultural growing, it also plays an important role. However, in this good situation, the advertising industry is also facing some very severe tests: false advertising, misleading advertising, endless and illegal advertising, and little effect on their regulatory work. Facing this serious situation, this article analyzes the advertising from a new perspective. First, this article researches the regulations of Chinese and foreign advertising, analyses their respective characteristics and contrasts the different social conditions of the Sino-foreign and Chinese advertising regulation. It concluded that: due to China’s specific national conditions and advertising supervision, the administrative regulation is the most important. It will do a better job on the regulation of Chinese advertising and promote the healthy development of the advertising industry. Second, it analyzes the status of the ad, the status of the negative advertising, the dangers of negative advertising and advertising regulatory work. Finally, in the face of this situation, the author gives some solutions.Specifically, in the first chapter, it writes the purpose of the study, the research status at home and abroad, the research methods, innovation and lack of points. In the second chapter, in the perspective of public economics, it analyses the advertising and give a new definition:First it introduced the definition, characteristics and meaning of externality. Then according to these theories, it gives a total different definition to advertising. The advertising can be divided into the positive external advertising and the negative external advertising. Positive external advertising has a positive effect, we do not give a specific study, and the point of study is on the regulation of negative external advertising. Next, there are further information on the classification of the negative external effects of advertising, great dangers and the need for regulation. On this basis, this article tries its best to seek a positive solution to the problems. From the perspective of domestic and international advertising regulatory, it analyzed and summarized the characteristics of advertising regulation in USA and EU. According to China’s specific national conditions, social conditions and characteristics of China’s advertising regulation, this article analyzed the characteristics of Chinese advertising regulatory, then compared with the West advertising regulatory, it found that:advertising regulation in Western countries is based on industry self-regulation. The government regulation and public oversight are with a complementary Role in advertising regulatory; In China, it is based on the regulatory approach of government regulation. The industry self-regulation and public oversight play a supplemented role in advertising regulatory. Based on this idea, it gets the focus of China’s advertising regulation Administrative supervision to release of advertising information.Then analyzed the status quo of administrative supervision of the issuance of advertising such as:Advertising legislation is not perfect. For example:1The specific legal provisions are not specific, the operability is not strong and the implementation of advertising law is difficult; It is unreasonable for penalties of illegal advertising. The quantity of the punishment of gold is one to five times. For officers, the discretion of law enforcement is lack of law. The amount of one to five times is also difficult to determine. The existing evidence is unreasonable; The relevant provisions of the law on advertising is a serious lag and some of its provisions can not be updated according to changes in social circumstance. The applicability of advertising laws is challenged. The authorities for advertising regulatory are set incorrectly. The government departments have overlapping responsibilities. It is still more prominent divorce between powers and efficiency; The government institutions are not reasonable. It is inadequate for the administrative operation and management system.3Advertising regulation is not good enough. For example:the technical means of the supervision is out of duty. The power of supervision is weak. The quantity of the professional supervisory personnel is small.4Due to the high regulatory costs of advertising and the information asymmetry, it leads to rising costs of law enforcement. The previously unreasonable agencies and the lower the quality of personnel have also led to the high regulatory costs.Faced with such problems, the author puts forward some suggestions and countermeasures.(1) We must improve the advertising regulatory laws and make the law clear, unified, practical and operational; the intensity of the main legal responsibility on illegal advertising must be higher; the legislative process of the law on advertising will be speed up. It also needs to improve relevant laws and regulations system.(2) The advertising regulatory bodies will be reset. According to the public organization theory, management level and the magnitude of the dialectical relationship, the advertising regulatory authorities are reformed.(3) The enforcement of advertising law must be strengthened. It must strengthen the ex-ante regulation and ex-post regulation. The ex-ante regulation is preventive measures. The ex-post regulation is to make up for mistakes and to punish the people.(4) It needs to reduce the cost of advertising regulation. The advertising regulatory bodies will be reformed. The new regulatory technology will be used to improve the quality of supervisory personnel. The media and social supervision also can be used to reduce the cost of advertising regulation.The writer hopes that this article is a useful reference to the advertising regulatory work in our country. It can improve the level of advertising regulation in China, promote the healthy and make rapid development of the advertising industry.