Research On Legal Regulation Of Affiliating Advertising

Commercial advertisements can be seen everywhere in the market economic activities and in variety of forms. These advertisements are the bridge of communication operators and consumers and provide information of goods and services. Although some people think that affiliating advertising is a form of comparative advertising, this paper argues that affiliating advertising and comparative advertising is in a crossing relations. Comparative advertising is advertisers that one company will its goods or services with the competition of the company's goods or services for local or comprehensive comparative advertising, and in affiliating advertising, affiliating advertising does not necessarily have a competitive relationship between the two parts, even if there are competition relations between,they don not take a demeaning attitude.For example, "school district housing" advertising,it is difficult to say that the sale of commercial housing will be confused with cling to the school or to lower the school education. But through the form of free-ride, they try to promote their own commercial housing and other potential value. Undeniable, affiliating advertising will damage the interests of consumers because of the false propaganda in practice or damage the trademark reputation. However, we cannot because affiliating advertising may cause on problems so that make a negative evaluation in the legitimacy. To recognize the legitimacy of affiliating ads and the regulation according to the laws, is conducive to protect the consumers right to know, fair trade rights legitimate interests, but also conducive to the formation of a freer, fair and efficient market environment.In addition to the introduction and conclusion, the main body of this paper is divided into four parts:The first part is the basis theoretical of legitimacy on affiliating advertising. Affiliating advertising refers to who cling to the visibility or goodwill and other favorable conditions for their goods or services publicity, to attract the attention of potential consumers to win trading opportunities in the advertisement. In this process competition relations exist uncertainty, and take a positive attitude, not to confuse or mislead consumers characteristics. From the perspective of jurisprudence, affiliating advertising with free competition in the market, the legal concept of fair competition and commercial free speech, can satisfy the consumer's right to know, right to choose etc. legal claims. From the perspective of law and economics, affiliating advertising is advantageous in enhances the benefit of operators, reduce consumer information search costs. From a marketing perspective, appends localization can be quickly make new goods or services in the minds of consumers occupy a favorable position. Visible, in theory, affiliating advertising is legitimacy and has a legitimacy foundation.The second part is the main legal problems of China affiliating advertising and legal regulation defects. Study of affiliating advertising in the reality of our country, We can find that there are false misleading propaganda and other issues, not only damage the legitimate rights and interests of consumers and other operators from competing fairly, disturb the order of market competition, but also likely to be use the name of the trademark goodwill and damage. At present, China's legal regulation of affiliating advertising has three problems: firstly the validity of the lack of standards, it is free as it is in chains, cannot effectively play a role in affiliating advertising; secondly the relevant legal provisions not only scattered and not perfect, the lack of system requirements, not a good guide for affiliating advertising; finally Advertising Association in a single function, do not play its role in industry self-regulation.The third part is the extraterritorial legal regulation of affiliating advertising. The United States has always paid attention to freedom of speech and freedom of business. In commercial activities, they give operators through various forms of climbing, advertising will have the value of information to be transmitted to the rights of consumers, and the self-discipline of the American Advertising Association also plays an important role in this process. The European Union confirm the relevant principles of good faith and shall not be misleading and members of the European Union legislation and judicial practice of affiliating advertising gradually relaxed, provide a good reference for the legal standard and regulation of China's exploration of affiliating advertising. Affiliating advertising should start from the real and not misleading the consumers' rational consumption, without undue use of other people's goodwill to confirm the legitimacy standard. From misleading the public and belittling competitors products or services to competitors goodwill damage etc, making the legal rules and regulations. And through the study of outside advertising industry self-discipline rules, to ensure the industry association and the positive effects of self-discipline.The fourth part is to improve the legal regulation of affiliating advertising in China. Firstly we should confirm the legal status of the affiliating advertising, provide clear guidance for the advertisers use cling to the legal means of advertising; Secondly, improving the legislative system of our country affiliating advertising and correcting the specific legal norms, the clear regulation in the advertisement law affiliating advertising the basic legal principles, including respect for the objective facts, not misleading to consumers, and beneficial to consumers, to legitimate use is who cling to goodwill or other work, not to be who cling to adversely affect, in order to prevent it from going too far in the deviation. And pay attention to affiliating advertising legal regulation system and docking, specifically to the advertising law based, supplemented by anti unfair competition law and trademark law etc. related laws and regulations; Finally learn outside in the related fields of supervision and self-discipline mature and perfect experience, make up for the inadequacy of the current regulatory system, strengthen the construction, and establish the government duty, strengthen the role of advertising industry self-discipline organization, strengthen the supervision of the mass media and other social institutions.