The Legal Regulation Of False Advertising

False advertising dose not only damage the legitimate rights and interests of the consumers, but also damage the operator’s rights of competition, and at the same time it also has influence on the advertising management order and the healthy of the economic market. Because of its multi-facetion and complexity in social relations, the damage is far more than we can see. Under the background of the economic rapid development, the legislative regulation of false advertising is too inadequate to deal with common life problem, contribute to the strictless administrative supervision, immature self-discipline management, weak awareness of consumer rights, insufficiency of the social supervision, false advertising has been presenting a very bad state, how to regulate false advertising has been of great urgency.Except the introduction and conclusion,this paper is composed of the following four parts:The first part mainly studies the legal connotation of false advertising, it begins from the concept and characteristics of false advertising, then analysis the deficiency of the legal concept of false advertising, at last we can seek a comprehensive and reasonable legal definition; by analysis the various forms of false advertising, so that we can have a more comprehensive and clear understanding about false advertising.The second part mainly discusses the recognition standards of false advertising. Through the analysis of false advertising identification criteria in the newly revised "advertisement law", and consult the false advertising research artircle of our country meanwhile compared with relavent foreign legislation, we can find out that false advertising identification criteria of our country is not comprehensive; when we judge a advertising is false or not, we should not only follow the objective criteria, but also should consider the subjective feelings of the consumer, when we talk about what the reference range is, we should insist the criteria of combination of general public attention and the special public attention.The third part mainly analyzes the current severity situation and the causese of false advertising in China. Huge economic interests is the basic cause, the faultiness of advertising legislation and the strictless administrative gives false advertising a way to find the external void, and immature self-discipline system gives false advertising an internal space for its breeding, so the false advertising has been always bring a new life and can not be prohibited.The fourth part is mainly to propose a feasibility solution of improving the ragulation of false advertising. A clear legislative concept and a coordinated legislative system is an accurate benchmark for false advertising subject to measure its illegal cost, it also plays a guidance and deterrent role to standardize the behavior of the advertising subject; at zhe same time, with improving administrative examination, etabilishing a fine review and supervision system in accordance with the national conditions of our country, assisting by the advertising industry self-discipline’s improvement and social supervision strengthening, false advertising will be crack down, the legitimate interests of consumers will be secure, and the healthy of the economic marketing competition will be promoting.