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Legal Regulation On Illegal Advertising Of Non-prescription Drugs

Posted on:2020-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:W H ZhengFull Text:PDF
GTID:2416330572496426Subject:legal
Abstract/Summary:PDF Full Text Request
Non-prescription medicines have long been an indispensable item in people's lives,and advertisements for non-prescription medicines are so common that they are everywhere.Recently,advertisements for well-known non-prescription drugs such as Sharp Eyes and Hongmao pharmaceutical liquor have been exposed.Hongmao pharmaceutical liquor has more than 2,600 illegal records,but even so,it can also get advertising approvals.The final exposure is also due to private disclosure,but not official supervision.In the context of ruling the country according to law,this reflects the unreasonable existence of the regulation of illegal non-prescription drugs.Through information retrieval,the author found that the existing research mainly according to the legal regulation of drug management,drug advertising law regulation and advertising aspects discuss.Current research has hardly discussed the legal regulation of illegal advertising of non-prescription drugs.However,legal regulation should include public regulation and private regulation.There are distinct differences between drug advertisement and general commodity advertisement.There is a distinct distinction between non-prescription drug advertisement and prescription drug advertisement.Therefore,the author studies the legal regulation of illegal advertising of non-prescription drugs.Furthermore,the more common illegal advertisements of non-prescription drugs,which reflect social problems,are illegal advertisements with inconsistent subjects between advertisers and sellers and no obvious problems in the quality of drugs.When the advertisers and sellers of illegal advertisements of non-prescription drugs are identical and there are obvious problems in the quality of drugs,the law of our country can still regulate them better at present.Therefore,the author studies the legal regulation of illegal advertising of non-prescription drugs,which is inconsistent between advertisers and sellers and has no obvious problems in drug quality.This dissertation is divided into three parts: citation,body and conclusion.The citation introduces the background of the topic,the research object,the research significance,and the research methods.The main text is divided into four chapters.The first chapter is an overview of illegal advertisements for non-prescription drugs.The author sorts out the characteristics and history of non-prescription drugs,analyzes the causes of illegal advertisements for non-prescription drugs,and proposes four characteristics of illegal advertisements for non-prescription drugs that are different from illegal advertisements for general commodities and illegal advertisements for prescription drugs——Advertising content directly affects people's life;there is multi-level inequality of subject status;the advertisers make use of people's perceptual consumption for profit;deception and misleading of advertisement is far-reaching..In the second chapter,the author reviews the existing laws and regulations on non-prescription advertisements from four aspects: the subject of supervision,the mode of supervision,the form of violation and the consequences of violation.In the third chapter,the author combines the characteristics and causes of illegal advertisements of non-prescription drugs,and analyzes the problems of legislative,administrative and judicial aspects of illegal advertisements for non-prescription drugs in China.In general,the public regulations are not in place and the private regulations are blank.In the fourth chapter,the author puts forward the solution to apply the punitive damages system for non-prescription drug illegal advertising as a breakthrough point.And then the author offers proposal on administrative and judicial reform.The proposed proposals are directed at illegal advertising of non-prescription drugs,and there is a certain comparative law research.The conclusion is that non-prescription drug advertising has a great impact on the health of the whole people.there is an unreasonable legal regulation of non-prescription drug advertising in China.Whether it is from the perspective of public law or privite law,the improvement of the legal regulation of non-prescription drug advertising should focus on regulation efficiency and be good at mobilizing the power outside the government.
Keywords/Search Tags:non-prescription drugs, illegal advertising, legal regulation, punitive damages
PDF Full Text Request
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