The Laws Of The Chinese Comparative Advertising Regulation

Since comparative advertising has emerged, it has been favoured by many business owners and advertising agents with its bright point and good results. With the increasingly fierce market competition, comparative advertising has become the important means to spread commercial information. However, due to the constraints of the nature of the advertising itself, Such tit for tat form of advertising is often accompanied by the consequences of unfair competition, it’s easy to fall into a legal dispute with a slight mistake. At present, China is emerging a large number of various forms of comparative advertising. In China, its legal regulation has not to be perfected, Facing with the increasing number of cases of comparative advertising disputes arising, how to definition of comparative advertising and how to use the comparative advertising properly has already been more and more attention. Legal regulation on comparative advertising is not only the demands of economic development, but also more conducive to the promotion of social stability and development. Therefore, in order to explore the legal regulation of comparative advertising,obtain the theoretical basis of its regulation by analyzing the unfair comparative advertising, Then learn from the developed countries on the legal regulation of comparative advertising. First, recommendations to revise improve laws and regulations to the lack of innovation for China’s legislative system, the regulations simple and content to use a narrow range of defects mentioned. Second, strengthen law enforcement, set up specifically recognized the organization and strengthen self-discipline to the low level of law enforcement law enforcement and lack of oversight agencies. At last, put forward a clear burden of proof and establish the recommendations of the evidence standard to judicial discretion is too large and the system of evidence is imperfect.