The Research On Legal Regulation Of False Propaganda

False propaganda is a kind of unfair competition behavior that violates the principle of honesty and credit.With the rapid development of market economy and new media,a variety of false propaganda methods emerge one after another,which seriously damages the legitimate rights and interests of consumers,and destroys the competition order of the market.From SK-II,P &G's false advertising campaign to the controversial advertising campaign of JDB,more and more false propaganda incidents have been publicized by the media and attracted widespread public attention.In a strong appeal to the academic circles,the new revision of the "anti unfair competition law to make new regulations on false propaganda,abandon the double standards of the past" misleading "and" false "false propaganda,misleading clearly includes false propaganda,but also caused the public misunderstanding of the real publicity.On the basis of the new law,trying to use literature analysis,theoretical analysis,case analysis and comparative analysis of concept and method for false propaganda types,constitutive requirements,legal system,and then from the legislative and judicial perfection of the legal system of false propaganda.Besides the introduction and conclusion,is divided into four parts,a total of more than 30000 words.The first part is the concept and type of false propaganda.First of all,the author,from two aspects of theory and law,makes a definition of false propaganda by comparing with relevant concepts.This paper holds that false propaganda is a behavior that managers use advertisements or other ways to publicize goods or services,and consumers' misunderstandings are caused by false information,inaccuracy or other reasons.Secondly,according to the real life experience and the different forms and contents,the author divides the false propaganda into five categories: fraudulent propaganda,misleading publicity,concealing publicity,exaggerating publicity and slander publicity.The second part is to discuss the constituent elements of false propaganda.Combined with the domestic and foreign theories,Chinese law and judicial practice,the author summarizes the elements of false propaganda from the aspects of behavior subject,subjective aspect,behavior object and objective aspect.This paper holds that false propaganda shouldconform to four important elements.First,the main body of action is the manager;the two is the purpose of market competition;the three is the misleading false propaganda;four,it has an adverse effect on the market.The third part,through the introduction of the legal system of foreign countries and other regions,summarizes the rules and characteristics of different legal patterns in different regions.This article mainly examines the common law,the Federal Trade Commission law and the Lanham law in the United States,the consumption code of France,the anti unfair competition law in Germany,the fair trade law in Taiwan and the protection of consumer rights and interests.Based on the comparative analysis of different provisions about false propaganda in different regions,the author summarizes the advantages and disadvantages of different legal models,and further promotes the improvement and perfection of China's legal system.The fourth part,based on the current legal situation of false propaganda in China,analyzes the shortcomings of the legal regulation of false propaganda in China,and puts forward suggestions for improving the legal regulation of false propaganda in terms of legislation and judicature.China's false propaganda,there are still many shortcomings,the author thinks that the main problem lies in the lack of criterion of misleading,in order to solve this problem,the theory of the three principles of our country with reference to the American scholar Coleman,to the general consumer awareness for the standard.In judicial practice,it is possible to refer to the German method and to judge whether or not it is misleading according to the specific rate of misunderstanding.