Research On The Legal Regulation Of Outdoor Advertisement

Outdoor advertising is a commodity operator or service provider directly or indirectly use of buildings or open air outdoor space,to display card,street signs,neon lights as the carrier,such as use of vehicles,such as water floater,both inside and outside the station,wharf and other places,by setting,they publish or broadcast,and Posting,hanging pictures,text,images,etc.,to introduce the public to promote the sale of goods or provide services.The advertisement law of the People's Republic of China after the amendment,the state council issued 'about the second batch of cancel 152 central designated local implementation of the decision of the administrative examination and approval matters'(Issued by the state council[2016]NO.9),the second cancelled outdoor advertising registration items of administrative examination and approval.The original state administration for industry and commerce also effective for the industrial and commercial administrative regulations on the cleaning,released the repeal and modified part of the decision of the industrial and commercial administration management regulations(order no.86)of the state administration for industry and commerce,the regulations on the registration of outdoor advertising was abolished,outdoor advertising in China there is no unified regulation,the operability of the provisions in the outdoor advertising has its huge economic value drivers,illegal outdoor advertising emerge in endlessly,strengthen the outdoor advertising regulation research is imperative.Outdoor advertising regulation can be divided into outdoor advertising planning,outdoor advertising supervision and outdoor advertising industry self-discipline management.Local legislation there are some contradictions with actual situation,and have difficulty in execution,some rules and legal conflicts,causing Lower-level Law nature is invalid,clear legal provisions on lag,some outdated terms are still scattered in the administrative regulations and local regulations or rules;Local regulations or rules generally specify the relevant government departments in accordance with the requirements of the overall urban planning and urban appearance of outdoor advertising to organize the formulation of planning,but there is no clear division specific permissions,suggests about planning or the decision is not clear;The implementation of the planning hearing procedure is not strict,and the hearing and discussion meeting have no substantive effect on the introduction of the outdoor advertising planning scheme.Local regulatory processes are not synchronized,in some places has introduced new outdoor advertising local regulations or rules,but most of the city are still continue to use the old,old rules,disparity between practice and local regulation in a state of disunity.After the fact,the illegal cost is generally low;The organization of outdoor advertising industry has not played its due role due to lack of independence.China's outdoor advertising regulation should start with perfecting the legal system of outdoor advertising,unify the national and local legislative model,and improve the content of legislation.Strengthen the pre-planning management,clarify the authority of the planning subject,and strictly implement the planning procedure hearing procedure;Clarify the subject of supervision,innovate the way of supervision and improve the mode of supervision;Strengthen the self-discipline management of outdoor advertising industry,give full play to industry self-discipline and professional service function;Increase the illegal cost of outdoor advertising;Finally,the establishment of a complete legal regulation system of outdoor advertising.