The Legal Regulation Study Of Urban Outdoor Advertising

Urban outdoor advertising is a kind of advertising,which base on the use right of outdoor media and is conditioned by particular administrative license.At present, there are mainly two problem in the field of urban outdoor advertising. One is that the urban outdoor advertising setted chaotic,manufactured in a rough way,produces immerse negative influences on the appearance of city, public security and social living environment negative influence. An other is when government departments take part in their economic regulation function, they may abuse their powers and neglect to adjustment, using a crude way to deal with the challenge of the economic market. This paper argues the problem lies in how to structure the market regulation and put it into practice.China’s existing laws on regulation of urban outdoor advertising positioning still stay in the traditional power framework, no express provisions can be found in China except some general terms,or lack of matched constraints system; and these defect cause the government neglect the ex-planning of permission,overextend their power leaded to rent-seeking,look down on the examination and supervision of license as well as the penalization of unlawful act. The government should review its regulation power adjustment range, adjust the cooperation e between the link, and at the same time,consciously reserve certain endogenous space for the need of social forces growth. In accordance with the different act,urban outdoor advertising legal regulation can be divided into five aspects,planning,permission,registration,su-pervision and punishment.The five links integrating in the organic law regulations integral,support each other, rather than independent or no connection---Planning is the precondition, licensing is the embodiment of planning, supervision is the safeguard of permission implementation,the registration contains the content of the permission and supervision, punishment is the last control means of illegal behavior of outdoor advertising.Therefore,under retaining the current licensing system, we should speed up to put forward the corresponding reform measures.First,on the urban planning project, allocate the planning power rationally,encourage the public speak theirselves,to carry out the urban outdoor advertising planning public participation system.Seconded,in the administrative license field,limit government power in legislation appropriately, definite particular permission,restrict permission system of urban public space outdoor advertising.Third,in practice,inspect and supervise the implementation status, linking urban outdoor advertising registration system and the overall advertising regulation. The last but not least,strengthen the punishment of illegal urban outdoor advertising,avoiding license in reality to be wasted.at the same time,establish compensation system of outdoor advertising,preventing the power to be abused.