| Mankind has entered the technological advanced21st Century. The rapid development and widespread application of the Internet is one of the most significant signs of this era. The Internet has become a newborn, the fifth largest propagation power in addition to the traditional four media, newspaper, magazine, broadcasting and TV. As an inseparable important part of the Internet, online advertising develops fast and has become one of the three most profitable points of the network economy, together with online games and text messages. Online advertising, as a new advertising model, has made the development of advertising industry to another new peak with indistinguishable catch-up trend. However, the current advertising legal regulation system’s ineffective regulation on this newly emerging force, results in the appearance of disharmonious factors in the booming online advertising, such as the phenomenon of the increase of spam advertising, the flooding of false and pornographic advertisements and so on. Therefore, strengthening the legal regulation of online advertising has become essential and imperative. Otherwise, it will affect the healthy and orderly development of online advertising.At present, China’s online advertising can be said that the basic alienation from the existing "Advertising Law " in order to "Advertising Law " based laws and regulations can not effectively regulate online advertising. Therefore, there is a range of online advertising legal issues for study, and as a basis for further exploration of legal regulation of online advertising effective way, with significant academic and practical significance. The world of online advertising on legal regulation more mature countries and regions devaluation United States and the European Union, so this article stressed the need to learn from the developed countries, advanced experience in this field, so you can study our online advertising for the legal regulation to provide a broader ideas, which in reality is online advertising healthy and orderly development to create a favorable legal environment and to further protect the legitimate rights and interests of consumers.Article consists of four parts. The first part of the online advertising and its legal regulation outlined by the online advertising concepts, characteristics and main form of legal regulation and online advertising concepts and characteristics of two themes constitute, in which the main characteristics of online advertising with interactive, rich, accurate, widespread, low-cost, real-time, pluralism, legal regulation of online advertising is characterized by the coexistence of the contents of the breadth and complexity, and the object deterministic and uncertain phase-interleaving, working real-time and dynamic phase-consistent. The second part focuses on the legal system of the United States and Europe Online Advertising Investigation. There are two major themes, the first theme focuses on the U.S. and EU legislative, administrative and judicial experience and practice, the second theme is that the United States and Europe introduced some advanced and successful practice means to extract worth our assimilate and draw useful experience, including the use of targeted legislative model, the creation of specialized regulatory agencies, third-party professional organizations to strengthen these three methods. The third part introduces China’s online advertising and its legal regulation problems. There are two major themes, the first topic is the status of the development of online advertising that our online advertising in the development process there have been many violations, such as the network of false advertising, unfair competition, network, network spam and forced advertising, Internet pornography advertising, online advertising and other issues invisible, the second theme is the legal regulation of online advertising there is a lot of problems, far behind the requirements of the development of online advertising, such as the presence of the main legal online advertising market positioning vague, online advertising market access system is imperfect, the online advertising market censorship missing, illegal proliferation of online advertising market and other issues, the topic through a comprehensive analysis of the above questions, so as to find a solution to the problem lay the foundation. The fourth part is to improve the legal regulation of online advertising and make a few suggestions. There are two main themes, the first theme is clear legal regulation of online advertising the basic principle that the law-based administration combined with industry self-regulation, the development of laws, regulations and industry standards advocated by the combination of administrative supervision combined with third-party monitoring, comprehensive supervision and the principle of combining social supervision, the second theme is to improve the online advertising-related legal regulations that improve online advertising-related legislation, improve the online advertising market access system, improve online advertising review system, perfect the online advertising agency, proof and charges as the core management system.This article is based on the achievements on the legislation and practice of network’s advertising regulation home and abroad, analyze such problems existing in online advertising as legislation, market access system, censorship, false advertising, as well as spam, explore how to deal with the challenges which the emerging online advertising brings, and propose comments and suggestions on our country’s network legal regulation as far as possible on the basis of a summary of the successful practice experiences of online advertising legislative, administrative, judicial and other aspects in the developed countries of Europe and America, so as to make modest contribution to the development of the law on our country’s online advertising. |
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