Research On The Legal System Of China's Online Advertising Supervision

With the rapid development of network technology and e-commerce,online advertising has been widely used in the Internet field. Online advertising is a new form of media advertising, It has unparalleled advantages compared to traditional advertising in business promotion. With various form of online advertising, the open subjects, widely spread, interactive and other characteristics common to penetrate our lives. In the rapid development of the online advertising market as a competitive behavior appears much unfair competition, against the commercial interests of other operators in competition, consumer rights, but also undermines the online advertising market order. However, China's current regulatory network advertising is still in its early stage of exploration, market supervision legal system construction is still not perfect, resulting in a variety of illegal online advertising market, tort chaos is an urgent need to get our current status of governance and the rule of law is weak online advertising market supervision the contradiction. Thus, in the current context of modern network of economic prosperity and national governance system development, in order to reduce the negative effects of online advertising, maintenance of network advertising market competition order, it is very necessary for China online advertising legal system for specialized research. In this paper, from the development of reality to theoretic discussion, and progressive step by step approach to explore online advertising regulatory legal system in China: from the content, the extension, the characteristics of network advertising, and the analysis of the existence of unfair competition to the basic concepts and theories of the network advertising regulation outlines gradually into the theoretical basis for its regulatory and difficulty in; the current situation of China's online advertising supervision legal system(including the legal system, law enforcement and judicial practice), there is a problem and then analyze the reasons; at the same time, get essence from the United States, the European Union and major European countries practice of legal regulation; finally, put forward recommendations and considerations on perfecting legal system of online advertising.This paper is divided into four parts:The first part is an overview of the network advertising regulation, firstly, define the concept of network advertising from its connotation and extension, analyze its salient features, summarizes two types of online advertising violations campaign: Including illegal advertising which is essentially the same behavior as traditional advertising and the new acts using network technology, the main analysis of online advertising in the six typical acts of unfair competition; secondly, the basic concept of network advertising regulation to make comparisons with the theory outlined by decomposition and related concepts; thirdly, from an economic and legal point of view, since the human nature of online advertising mainstay of the economy, online advertising information asymmetry the nature and reason for the online advertising market negative externalities of economics, coupled with the economic law of market competition order and the overall economic interests of the values, the need for the implementation of network advertising regulation of this analysis; finally, following the above analysis of network advertising regulation the difficulty lies.The second part focuses on China's online advertising regulation in the legal system legal system, the status quo enforcement and judicial practice, problems and cause analysis problems. The current situation: legal system, including traditional advertising regulatory laws and regulations, the relevant provisions of the regulatory aspects of Internet advertising and specifically for online advertising regulatory legal provisions; from law enforcement, according to law enforcement agencies set up law enforcement Information and enforcement cases dealt with the case to be studied; the judicial practice of the Supreme Court in recent years, mainly from the release of typical cases and guiding case understanding. The main problems: lack of legislation; Internet Advertising regulatory hybrid legal system, the principle of legal provisions overly technical aspects of legislation and regulatory jurisdiction of the distribution is not clear, the scope of regulation vaguely defined regulatory system is not perfect and other legislative content; the limitations of law enforcement: law enforcement based on lack of coordination between the regulatory body is difficult, law enforcement and other issues lag way; judicial weakness: lack of judicial basis, jurisdiction and violations identified problems identified problem, electronic evidence, judicial costs too low efficiency and other issues. The reasons of the existed problem: there are six reasons around four basic elements seeking custody of intrinsic problems of network advertising regulation: the supervision of the object- lack of awareness of the online advertising market; online advertising executive-led regulatory approach; custody irrational allocation; inadequate regulatory resources quality law enforcement; the exercise of regulatory powers by the prestige of force is not strong; lack of regulatory authority constraints.The third part is to include part of the United States, European Union and European countries for online advertising monitoring legal developments introduced, and in allusion to the problems national market, to consider useful insights for our country, including improving the online advertising market regulatory legislation, government regulation and industry self-regulation combined with the creation of specialized regulatory agencies, establish a third-party monitoring and supervision.The fourth part proposes Improvement of Legal System of Internet advertising. In problem-oriented, from the current difficulties in network advertising regulation as a breakthrough in improving the legislation online advertising, online advertising strengthen regulation and law enforcement, and enhance the prestige of the judicial power of online advertising controls, strengthen trade associations self-management, social supervision several consumer incentives Further aspects of thinking: First, from the both sides of the legislative technique and legislation to achieve regulatory legislation, by forming a unified sound legal system of online advertising, a reasonable allocation of regulatory jurisdiction, subject to clearly define Internet advertising, the use of network technology to improve the new legal regulation of advertising practices insufficient to improve advertising censorship; secondly, through the improvement of network advertising regulatory legal relations, improve joint law enforcement supervision system, increase the rigidity of law enforcement and play flexibility while improving the effectiveness of law enforcement in order to achieve the level of enforcement techniques daily enforcement approach transition; Third, careful application of the existing law, the use of technology to enhance the identification of electronic evidence, judicial reduce costs, improve judicial efficiency in order to enhance the prestige of the judicial power; Fourth, in trade associations self-management, to clear online advertising industry duties and powers of the organization, to establish and tamp industry self-regulation system, in order to realize the supervision of guilds; Fifth, improve the ability to identify consumer needs, the importance of the regulatory role of consumer associations, the creation of pluralistic complaint channels, establish reward mechanisms to encourage social supervision consumers.