Study On The Judicial Application Of False Advertising Sin

Understanding of "False advertising sin" for our country is a gradual process, from the definition of fuzzy to later dispute to the subsequent to specific, from the original no law to control, no penalty punishment to the subsequent "False advertising sin" really get into the criminal law, all of these marks China’s false advertisement in the management of the continuous progress."False advertising sin" is the new charges set in our new criminal law; it was out of the scope of old criminal law. For the continuous development of advertising market, this brings many benefits temptation for criminals, so they use false advertising to obtain illegal interests. In order to regulate the development of advertising, protect consumer’s rights and interests, maintain social and economic order, the new criminal law bring the "False advertising sin" into the scope of the criminal law sin control. This also is complied with the development of economy, the progress of the society and the rule of law perfect process. The provisions of criminal law for "False advertising sin" was fuzzy to clear, from the whole to the local, from the general to gradually perfect. But, with the rapid development of the advertising industry, advertising forms and carriers also gradually diversify. The traditional media like television, newspapers and impurities, already cannot satisfy the development of modern advertising, Advertising turn to new media such as cell phones and the Internet. So, a new form of false advertising will appear. Because of the privacy and universality of the mobile phone media and network media, making it hard to investigate the false advertising on these Medias, and its harmfulness is also extremely large. Network media has become the important channel for most people to get their information, the false advertising of it is also great harmful, the advantages of convenient and do not need to review give a great encouragement and help to the outlaws. For the network false advertising, it is still need to increase the control efforts, set up reasonable laws to manage the network advertising, crack down the outlaws who use false advertising to cheat and induct the consumers.This paper is divided into four parts:The first part:outline of "False advertising sin". This part mainly introduce the meaning of "False advertising sin" and its constituents, accurately analysis the features of its subject, object, subjective aspects and objective aspects. The second part:boundaries of criminal responsibility and administrative responsibility and civil responsibility of "False advertising sin". This part mainly explains the scope of different kinds of liability of false advertising behaviors; make accurately definition of my own understanding for the three different responsibilities of false advertising behaviors. The third part:criminal patterns of "False advertising sin". This part mainly analysis the unfinished form, the crime number form and accomplice form of "False advertising sin", make original analysis of the various criminal form of the "False advertising sin" with my own understanding. The forth part:"False advertising sin" on Emerging media. This part mainly analyzed the "False advertising sin" on the emerging media such as the cell phone and the network media, compare the "False advertising sin" on this two kinds of new media and traditional media, make a preliminary analysis on the legislation and regulation means of "False advertising sin" on the two types of emerging media, and puts forward my own advice. The second and forth parts are the focus of this paper, they research and development the judicial application of "False advertising sin". In the situation that judicial application is difficult for the "False advertising sin", I hope that this paper can bring some help to the judicial application of "False advertising sin".