The Research On False Advertisements’ Legal Regulations

Along with the high-speed development of market economy, China’s advertising industry has become more and more prosperous, and obtains the unprecedented development, penetrating every aspect of political, economy, culture and other. However, in social transformation period, many reasons, including inadequacy of legal system and regulatory regime lead to false advertisements repeatedly arise despite prohibition in our today’s society and have initiated many problems. Since false advertisements have become one of the public hazards of China, the prevention and regulation of false advertisements have become the focus of social problems. It has been more than twenty years since the old "The People’s Republic of China Advertisement Law" implemented. It has played a vital role in standardizing the advertising industry, maintaining the market competition order and protecting the consumer’s legitimate rights and interests. But with the changing of social development, the emergence of new phenomena and problems in the advertising, the current advertisement law has been insufficient in the regulation of false advertisement. In order to cater to the needs of society, ensure the healthy development of the advertising industry, on April 24th,2015, the Standing Committee of the National People’s Congress voted through the new "The Advertisement Law of the People’s Republic of China", and will come into force as of September 1st this year. In recent years, the government’s regulation of false advertisements never stopped. The county has enacted a series of regulation of false advertising laws, regulations, notice and documents, expressing the government’s determination. The crux of the problem is that false advertisements like nasty disease difficult to cure. Regardless of how much effort the country has paid, it only works in a short time. Not long before, false advertisements will begin to grow and spread quickly as weed. Therefore, to find out the source of false advertisements growing then to regulate it through legal means, is the inherent requirement to protect the consumer’s legitimate rights and interests and maintain the market competition order, but also the fundamental way to realize the healthy and benign development of China’s advertising industry.Based on the false advertisements of legal regulation as the research object, this paper expounds the concepts and definition, characteristics and the main types, etc., compared America, England to France, Japan, put forward the necessity of our country false advertisements regulation and which regulation measures should be taken. To this end, this paper is divided into four parts to discuss:the introduction part from a major impact of the advertisement to people’s lives nowadays leads to many legal problems of false advertisement; The first part introduces the general theory of false advertisements, elaborates on its concept, legal conditions, characteristics and the main types of false advertisements, providing a theoretical basis for probing into the legal regulation of false advertisements in the below; The second part introduces and carries on the comparison of false advertisements legal regulation from America, England to France and Japan, and summarize the system construction in China on the basis of reference. The third part from the defects of our country in false advertisements regulation, analyses the deficiencies in the legislation, law enforcement, judicial, social supervision and advertising industry self-discipline; Based on the first three parts the fourth part puts forward opinions of building false advertisements law regulation in our country. Clearing the definition of false advertisements is the premise of the rules and regulations, and standardize the operation system, to clear related responsibility, improve the supervision mechanism and censorship, provide sound relief channels for consumers, strengthen social supervision and self-discipline. Through comparative analysis, this paper compares to the United States, the UK, France and Japan false advertisements regulation of different patterns. Through the method of literature research and typical case analysis to research, including the use of official statistics and research achievements of the existing articles and books. On this basis, applying inductive analysis method to sum up a point of view, and put forward the suggestions and countermeasures of false advertisements regulation of our country.The innovation of this paper is mainly reflected in two aspects. One the one hand, domestic scholars mainly focused on the problems of advertising management authorities and relevant industry department study, did not focus on analysis of the special organization, media, ignoring the important role of media in false advertisement review process. Based on the analysis of problems existing in the process of false advertisement law enforcement, this paper expounds the problems of media in the review process, and put forward the suggestions of establishing media accountability system, which contributes to strengthen the media unit’s responsibility and consciousness of examining advertisements according to law and give full play to the important role of media for prevention and control of false advertisements. On the other hand, for false advertisements regulation countermeasure research, scholars mainly table a proposal from the angle of standardization of actors’behaviors, rarely from the consumer’s perspective, ignoring providing relief channels for consumers. In this paper, from the perspective of protecting consumers’legitimate rights and interests, it adds the suggestions on facilitating the consumer litigation and reasonable operation of consumer protection.