The Legal Regulation Of Chinese Comparative Adverting

Advertising plays an important role in our daily life, because it is not only the method to sell a goods, but also the important reference for consumer. Comparative advertising as a special form of advertising, also become one of the most important means of competition between businesses gradually. However, The development of comparative advertising in our country is relatively chaos, the main reason is that the legislation of comparative advertising in our country is imperfect and supervision strength is not enough, so lead to the comparative advertising subject cannot grasp the limit, and caused the disputes. This paper is to set the legitimacy standards of the comparative advertising, that is to provide a legal framework.Firstly this paper analyzes the concept of comparative advertising, when defining comparative advertising, not bringing value evaluation, but starting from the reality form, and then discuss the nature of the comparative advertising, and make clear the property of comparative advertising to lay the foundation for subsequent content. Secondly expounds the relevant theories of comparative advertising, because building the related system theory for comparative advertising is very important, but the current scholars research on the theory of comparative advertising just focus on the value of comparative advertising. But competition theory and tort theory of comparative advertising is the basis of building system. Then on the basis of the first two chapters, the paper discusses the core part of this article——legitimacy standard of comparative advertising, from discussing between different types of comparative advertising, then put forward the legitimacy standard of the comparative advertising. The last part is the construction suggestions of comparative advertising, after summarizing the existing situation and problems of legislation in our country, proposed that there is no need to overhaul "advertisement law", we can perfect our legislation by amending administrative rules and regulations or other ways.