Analysis Of A Technical Corporation Refused To Accept Administrative Punishment From Industrial And Commercial Bureau In Zouping County Case

With the continuous development of commodity economy and Internet technology,network market has become an important part of market economy.The expansion of network market brings considerable economic benefits to commodity operators,however,some illegal operators take the advantages of the unique characteristics of the Internet to engage in unfair competition.For example,some commodity operators,by taking the advantages of the fast speed,diversified forms and convenience of the Internet,release false advertisements and other information on the Internet,which seriously infringe upon the legitimate rights and interests of consumers and other operators in the same industry.However,the definition of Internet false advertising in the legislation is not clear enough,and there is no standard for the identification of false advertising,which often leads to problems such as inaccurate characterization of illegal ACTS by judicial organs and difficulties in determining the jurisdiction of law enforcement organs in administrative law enforcement.Therefore,based on "a Case of a Certain Technology Company Refuses to Accept the Administrative Punishment of Zouping County Industrial and Commercial Bureau",this paper analyzes the problems existing in the identification of false advertising and the problems involved in the administrative jurisdiction system of false advertising in the Internet environment,so as to propose solutions.This paper is divided into three parts.In the first part,the author will introduce the case and summarize the focus of the dispute,that is,whether the administrative organ's identification of false advertising is correct,whether the defendant administrative organ hasjurisdiction.In the second part,the author would like to analyze the identification of false advertising,clarify its definition and identification criteria,and summarize the relevant problems in the identification of false advertising in practice in combination with the case.In the third part,the author analyzes the problem of the jurisdiction of the administrative penalties to false advertising on the Internet from the aspect of choice of law that whether the jurisdiction of administrative organs is correct and from the perspective of law enforcement practice,this paper analyzes the problems existing in the jurisdiction of administrative organs over Internet false advertising cases under the provisions of existing laws.Finally,this paper puts forward some Suggestions on how to improve the jurisdiction of administrative punishment in Internet false advertisement from the following aspects: establishing the rules with the first order of the place where the advertiser is located,strengthening the information verification of the advertisement publisher,establishing the trans-regional transfer cooperation mechanism,and clarifying the conditions and rules of transferring jurisdiction.