Analysis Of Legal Issues Of False Propaganda In Anti-unfair Competition Law

With the development of today’s society and economy and the increasing competition of market,the number of profit that operators can get is decided by market share.The advertising of commodity is an important and powerful means of the operator in the market competition.It also plays an important role in the market competition of promotion.In order to attract more consumers,to choose its goods and occupy much larger market share,the operator makes unremitting efforts by using all kinds of propaganda way.Consumers choose their own commodities or operators through the advertising of commodity.As you can see,the role of the advertising of commodity that plays can hardly be underestimated.In such fierce competitive environment,the existing commodity operators need to maintain the position and reputation of market through the advertising of commodity and the new market operators by using the advertising of commodity to let more people know and choose its goods so that they can get into the market faster.The propaganda ways of commodity or service that operators choose are quiet different.Among such numerous propaganda ways,it is hard to avoid that infringe the interests of the other party for the sake of their own interests.Whether the propaganda is a false or misleading behavior,whether the promotion actions of infringement of the other party is eligibility litigation subject qualification that brings a series of problems such as how we can bear the legal responsibility.However,the regulation of legal issues for false advertising behavior in the existing relevant laws and regulations in our country,such as the Anti-Unfair Competition Law and its judicial interpretation,Advertisement Law,Consumer Protection Law is not very clear.Compared with other areas,the false propaganda behavior law is relatively simple,lack of system and maneuverability,and it also can produce certain obstacles,whichoften causes different sentence connection in the process of application in real life.In order to reduce the occurrence of this phenomenon,it is necessary for lawmakers to make further adjustments and the scholars should pay more attention to the analysis and study of the false propaganda behavior.This article uses Case analysis method.The research object is three typical cases related to the false propaganda.This article tried to study and sum up the disputes of three cases,then analyze the common dispute by legal theory analysis and figure out the conclusion and enlightenment of the case.This article mainly discussed from the following three chapters:The introduction part mainly put forward the background of this article,research significance,research status,research ideas and methods and research purposes.The first chapter makes a briefly description of three typical cases in our country in recent years and sums up the three cases of common disputes by combining with the result of cases.The second chapter analyses the three common disputed points one by one.Firstly,analyses the eligibility of subject of litigation of the false propaganda by legal analysis.Secondly,analyses the identification of false propaganda by legal analysis.Finally,analyses the legal liability of false propaganda by legal analysis,especially in the part of analyzing the amount of compensation for discretionary by legal analysis.The third chapter gets the legislative and judicial enlightenment of false propaganda behavior cases on the basis of in-depth study in the Anti-Unfair Competition Law of our country and its judicial interpretation,Advertisement Law,Consumer Protection Law and other relevant laws and regulations,emphatically from the Angle of the Anti-Unfair Competition Law.