Research On Difficult Problems Of Illegal Advertising Administrative Law Enforcement

With the promulgation of China's interim regulations on advertising management in 1982,advertising behaviors officially entered the category of national administrative supervision.Laws and regulations such as anti-unfair competition law and advertising law were introduced one after another,gradually forming a relatively complete administrative supervision system.Since 1982,our country's economic environment and the advertising industry itself has great changes have happened,but China's advertising industry development time is short,low starting point,and in the special period of social transformation,the increasing number of illegal advertisement,not only affects the normal economic order,and also bring huge economic losses and spiritual harm consumers,is not conducive to the country's stability.However,relevant laws have not been improved,new problems keep emerging,old problems are still not solved,and old methods cannot solve new problems.In this context,the new advertising law has been implemented since September 1,2015,which is a necessary measure to adapt to the development of The Times and further regulate the advertising market.But new "advertisement law" carry out since,industry inside and outside praise is mixed,"strictest advertisement law" in strike illegal advertisement,while protecting consumer interest,whether to advertisement this sunrise industry strike hard too big,damped the enthusiasm of the market? A series of problems need to be analyzed and solved,such as the identification of illegal advertisements in the process of law enforcement by administrative organs and whether the punishment of relevant responsible persons is reasonable or not.Advertising still existed in administrative law enforcement authority on advertising content is in line with the relevant law is not clear,or interpretation of legal provisions keywords not accurate enough,the inadequate to investigate and punish illegal advertisement behavior problems,lead to those responsible for illegal advertisement deterrent effect is not obvious,greatly harm the authority of law and administrative organs.In this paper,the advertising and the definition of illegal advertisement is studied to solve the problem of illegal advertisement content that,through the analysis of the specific administrative cases of the administrative organ that advertising spokesperson problem as well as the rapid development in the new media now,administrative organs,the difficulty in enforcement of ascension,illegal advertisement trouble the discretion of administrative penalty.And through the perfect law,the administrative organ that advertising spokesperson and legal responsibility ability,innovation mode,explore ways to illegal advertisement benchmarking mechanism of administrative discretion to solve these problems,further standardize reasonably play to the role of the laws and regulations,combined with self-regulation of the market,protect the interests of consumers,for the new advertisement law under the background of illegal advertisement analysis and the research of administrative law enforcement to solve various problems in the administrative law enforcement and practice of advertisement law,as the market main body services,more conducive to the maintenance of the government and legal authority.Under the double guarantee of perfecting laws and restricting law enforcement bodies,the healthy and benign development of advertising industry will be promoted,and the legitimate interests of market bodies will be well maintained,so as to promote the development of market economy.