Research On The Legal Regulation Of False Advertising In Network

With network being the fifth mass media after magazine, newspaper, radio and TV,network advertise comes out naturally. With features of convenience and timeless, networkhas become one of the most popular form of advertisement. However, at the time of fastdeveloping of network advertisement, false network advertisement followed overwhelmingly,which seriously hurt the legal interest of network consumers and impede the development ofnetwork industry and economic society. However, the law and regulations for false networkadvertisement in our country is deficiency. Bunch of problems, including confliction betweenapplication of law and law, regulation system, right of jurisdiction for false networkadvertisement, identification of network advertisement subject and conservation of electronicevidence, lead to little force of legal regulation and also the effect is far from perfect, which isa disadvantage to the consumer, even the whole network industry and economic development.Recently published The Advertisement Law of the People’s Republic of China (Amendment)(Consultative Draft) defined the responsibility of network service provider, who advertisesthrough the network and who is the special subject of network. The purpose of the law is torange the network advertise into the advertisement legal regulation. This amendment is a bigstep of network advertisement legal regulation and shows that our false network legalregulation is on the way of perfect. The study on problems of false network legal regulation isan important theme.This paper has four parts, except introduction and conclusion.Introduction introduces the point of the paper through cases of false networkadvertisement propaganda happened in Nanjing and Beijing, the study status of false networkadvertisement home and abroad, points out the research approach, method and creation of thispaper.The first part generally introduces the false network advertisement legal regulation, givesthe definition of false network advertisement from home and abroad, analysis features ofnetwork advertisement that different from that of other forms of advertisement, paves the wayfor the explanation of problems false network advertisement legal regulation and discusses thenecessity of making false network advertisement legal regulation.The second part makes researches on current status of false network advertising legal regulation. Explanations of false advertising network regulation are made from two aspects:existing laws and enforcement of law enforcement agency, pointing out problems the countryare facing in false network advertising legal regulation.The third part studies the legal regulations on false network advertising abroad and getssome ideas. Experiences of legal regulation status of false network advertisement,identification of network advertisement subject, constitution of regulation system, conflictionbetween application of law and law,and right of jurisdiction for false network advertisementare learned to perfect false network advertisement legal regulation system.The fourth part gives some suggestions on perfecting false network advertisement legalregulation, on the basis of experiences of treating false network advertisement legal regulationabroad, considering the actual situation of the country, aiming to relieve the abasement offalse network advertisement and strongly regulate the network advertisement.The conclusion concludes the paper, aiming to achieve on the establishment of the falsenetwork advertisement legal regulation.