Study On The Legal Regulation Issues Of False Internet Medical Advertisement

Because of the "Wei Zexi Incident",the problem of the false Internet medical advertisement has become the social focus.Meanwhile,it must be faced that how to regulate the false Internet medical advertisement,which is caused by this incident.In fact,the problem has been widely discussed by social and academic that how to govern the false Internet medical advertisement.Under this background,this paper reviewed the related research,analyzed economical and social background of the false Internet medical advertisement.Then this paper analyzed the problem in the false Internet medical advertisement regulation and tried to give some suggestions.This paper consists of four parts:The first part,the basic definition of false Internet medical advertisement.This part mainly introduced what was medical advertisement and what was the Internet medical advertisement.Besides,the different features between traditional advertisement,medical advertisement and false Internet medical advertisement were introduced as well.It analyzed the characteristics of the false Internet medical advertisement in order to explain the significance of this research.The second part,the regulatory dilemma of false Internet medical advertisement.The mainly propos of this part was to find out the shortcomings of the Internet medical advertisement regulation on the basis of combing the status quo of false Internet medical advertisement.This paper went through each link from the legislation to the responsibility,then we found four aspects of the problem,which are the imperfect legislation of Internet medical advertisement,the backward supervision system,the deficient in the enforcement mechanism and the light responsibility set.The third part,the causes of false Internet medical advertisement.This paper analyzed the origin of the false Internet medical advertisement problems from the market,system,performance and technique.It was found that,essentially,because of the market structure was out of balance and the competition mechanism was imperfect,that caused the false Internet medical advertisement problem;what's more,because of the deficient tension of the system and excessive reliance on afterwards responsibility led to ineffective regulation;the last reason was lack of linkage,not only between the apartments but also between administrative regulation and social regulation.Besides,the difficulties of information collection and professional technical barriers were also the reason.The fourth part,the perfect propos of the false Internet medical advertisement legal regulate mechanism.According to the false Internet medical advertisement problems and reasons,this paper put forward the improvement suggestions from four aspects,which were the system construction,the division of functions,the ability of law enforcement and social force introduction.Firstly,a complete legal system is needed to govern the false Internet medical advertisement,therefore this paper held the point that we should legislate or revise and improve the existing medical basic law.In this process,we need to pay attention to legal liability.Secondly,aiming at the situation that the each department acting on its own,this paper pointed that the department functions should be divided,in the high-rise,it was to be hold that the multidisciplinary regulation by its own,while in the specific departments,we held that we should unified law enforcement.So that the network of medical advertisement supervision was more orderly.Third,as a professional field,the Internet medical advertisement relevant law enforcement should be strengthened,the responsibility setting also should be strengthened.Finally,the governance of Internet medical advertisement was not only the responsibility of administrative,but also the social responsibility.So this paper held that the construction of relevant mechanisms,such as self-discipline,media supervision and consumer supervision should be concerned.