Study On The Legal Regulation Of Advertising Fraud

With the rapid development of the market economy, advertising has penetrated into every aspect of our lives, which becomes an important part of the socialist market economy. On the one hand, advertisements are the major channel of obtaining information of goods and services for consumers. On the other hand, they are also one of the important marketing methods to establish brand image and strive for competitive advantage for the operator. So advertisements that are ought to be true should build an effective communication bridge between operators and consumers. However, when advertisements are making contribution to the market economy, the advertising fraud is appearing at the same time. Advertising fraud that violates the principle of honesty and credibility, can not only take away from the credibility of advertising, obstruct the healthy development of the advertising industry, but also damage the legitimate interests of the summers and competitors, or even harm the social public interests. Substantially, advertising fraud is a kind of unfair competition act. It can destroy the market order of fair competition, and then hinder the healthy and orderly development of market economy. So our national legislation should regulate the advertising fraud, the full text of a total of 4.2 words.This thesis mainly consists of the following several parts.Based on the theory of advertising fraud. Advertising fraud refers to the behavior of people given deliberately false information or concealing important information, deliberately deceive consumers through advertising campaigns. Advertising fraud is a special kind of fraud, the diversity of its particularity mainly displayed the universality and the form of audience and hazards in the content, the deceptive. Between advertising fraud and false advertising has differences and relations:false advertising is the main carrier of advertising fraud, false advertising, but not all can constitute false advertising, false advertising, under certain conditions, can be converted into advertising fraud.About advertising fraud identification. Determination of advertising fraud should be based on the advertising content, respectively, the main objective standard for the determination of. Secondly should the behavior of the constituent elements of that, from the behavior of the subject, the subjective aspect, the object and objective aspects.On the legal liability system of advertising fraud. This paper believes that definite the necessity of civil law system and public law system of it, advertising fraud people assume public responsibility and liability in private law is necessary. This is not only conducive to the protection of consumers’ rights and interests, but also the inevitable demand for advertising fraud containment.On the reference and perfection of advertising fraud. The chapter draws lessons from advertising fraud legal regulation system of the United States and Taiwan area in China, reflects on the existing problems of our legal regulation on advertising fraud, and proposes improvement suggestions of legal regulation on advertising fraud mainly from three levels, which includes improving the legislation, strengthening the law enforcement, and identifying the self-discipline.