Research On Criminal Regulation Of False Advertising

Since the reform and opening up, China’s advertising industry make a spurt ofprogress, but there appears the false advertising is rampant, a serious violation of thelegitimate rights and interests of consumers, disturb the market economic order offree competition. In order to prevent such a situation, China’s97years of penal codeto add the crime of false advertising，but the face of massive false advertising acts，was sentenced to the crime is only a few play. The first main reason caused thisjudicial dilemma is the connotation of criminal in the crime of false advertising,defining the standard is not clear，the scope of judicial personnel in the face of thefalse advertisement behavior is often difficult to accurately grasp the crime, butaround the crime and non crime, this crime and other crime between. Secondly, thecrime of false advertising will be subject of crime defined publisher as advertisers,advertising agents and advertisement, but in fact the advertising endorser may alsoplay an important role in the. In addition, the existing legislation only on commercialadvertising regulation also slightly narrow. Once again, from the configuration pointof view, the range of legal punishment of the crime of false advertising is single, thelack of punishment，fine penalty is also a lack of operability. The above shortcomings,to some extent, restricted the prevention and combating of false advertising behavior.In view of this, this article on the basis of false advertising sin in chinalegislative history carding and analysis and legislative status, legislative referenceforeign legislation and judicial perfection， to our country the crime of falseadvertising and puts forward some ideas. Specific include：the standard uniform of thecrime of false advertising, clear the "false advertising" and "serious" definedstandards; to expand the scope of regulation of false advertising; advertisingendorsers liability subject who introduced the crime of false advertising; in penaltyconfiguration, reduce the prosecution standard, additional punishment.