The Research On False Advertisements’Legal Regulations

Advertising industry is developing rapidly in China, penetrating every aspectof political,economy,culture and other.However,in social transformationperiod,Many reasons,including inadequacy of system lead to false advertisementsrepeatedly arise des’pite prohibition in our todays society.False advertisementsnot only do harm t’o consumers legitimate rights and interests, but also do harmto the market management order and other legal operators’ rights and interests.Therefore, the prevention and regulation of false advertising have become thefocus of social problems.Today, call sincerely, the structure to the sham publicityis very urgent, so this text stands on the angle of the law describing the structureof the sham publicity.Originally in the article, I analyse and describe the regulation of falseadvertisements in the the perspective of sociology of law, law andeconomics.From the perspective of sociology of law, the social roots of falseadvertisements of is the social transformation.Breeding of false advertising is aninevitable phenomenon of social transformation.System link will break downwhen society is transforming.While the old system gradually lose their effective,the new system is not yet fully established.Softening of system managementgives false advertisements opportunities.Irregularity of the differences incommunication theory and sociology of law provides a new perspective on thestudy of false advertising: the institutionalization of people with the societyconsidered legitimate means their behavior occurs when the target cannot beachieved, a common reaction to this situation is deviant behaviour.In addition,mutual learning between people has also become an important cause of why falseadvertisement is hard to regulation.Abroad on false advertisement regulationmore mature countries generally has a clear definition of false advertising, payattention to advertisements prior review procedures, establish a third party bodyindependent of the Government and give full play to their review role in theadvertising industry，in relief of false advertising on the channel, not just in civilactions, a variety of remedies to keep.Compared with the United States.theUnited Kingdom,Japan and other countries,current deifciencies for false advertisements regulation lies primarily in: the legal system is not completed,lack of prior censorship, judicial relief channel tlowjndustry self-regulatoryorganizations did not play its role,penalty mechanism is inadequate.Accordingly,the legal regulation of false advertisements should focus on the followingaspects:Firstly, perfecting the system of false advertising regulation laws，clariifngthe meaning of false advertisements and standards, expanding the scope of falseadvertisements.Secondly, improving the review system of false advertisements,Transforming of government functionsextending advance auditing, strengthen theadvertising industry self-regulation review.Thirdly, widening the judicial reliefchannels to rationalize the arbitration system of false advertisements, andadvertising litigation system.