Research On The Competition Law Regulate Of False Advertising Acts

Because the provision of false advertising is not perfect, it is difficulty to definite the false advertising, Poor feasibility for legal remedies, In face of false advertising and unfair competition caused by the false advertising, The operator is difficult to safeguard their right of fair competition through legal means.First of all, we must clear the unique attributes of false advertising as acts a unfair competition. The elements of the acts of unfair competition have big difference with other civil tort behavior: The subjective fault of behavior can also constitute unfair competition; the possibility of damage results would constitute unfair competition. Secondly, we must clearly the principle of define the false advertising as an act of unfair competition. On the one hand, false advertising as an unfair competition acts must be violated the basic principles of 《Anti Unfair Competition Law》. On the other hand, the definition of false advertising and unfair competition behavior also need according to determine the corresponding principles of false advertising. Once again, we should clarify the specific elements of false advertising as an act of unfair competition. Constitution theory is the most effective way to define a behavior. For the main body, the subject of false advertising acts of unfair competition shall be included operators of goods and services, and advertising agents. For the subjective aspect, it not only includes intention but also includes negligence. For the object, the unfair competition acts of false advertising violate the operator’s fair competition right in the field of competition law. In the objective aspect, false advertising and unfair competition behavior is mainly to crowd and limit competition through the false advertising. Finally, we also need to distinguish some related concepts. Only to find the unique attributes of false advertising acts of unfair competition, Based on the basic principles of competition law and the basic principles of the definition of false advertising acts of unfair competition、clearly the constitution false advertising acts of unfair competition、analysis of the related behavior, so that we can promote the competition law to regulate the false advertising.