On The Legal Application Of False Propaganda

From "false propaganda of Jiaduobao advertisement" to "Hongmao Drug Wine Incident",to "Guaziche Direct Selling Network","Red Core Browser" and "Small Canned Tea",all kinds of false propaganda incidents continue to enter the public horizon,and their impact scale is also expanding.These false propaganda actions seriously affect the stability and development of social market economy,seriously damage the legitimate rights and interests of consumers,industry competitors and other market participants,it is necessary to study and effectively regulate them.There is a profound background for the proliferation of false propaganda in China's market society.There are widespread misunderstandings in the concept of false propaganda.The essence of false propaganda should be misleading propaganda.The understanding of false or misleading propaganda is inappropriate.The misuse of concepts is an important reason why the problem can not be fundamentally solved.In addition,there are some problems in legislation,such as lagging legislation,inconsistency between laws,ambiguous misleading judgment criteria,and ineffective remedies for the rights and interests of victims.These problems are also important reasons for the dilemma of law application in cases of false publicity disputes.In the specific application of law,when deciding whether commercial propaganda is misleading,we should adopt "common sense standard" and objective standard.In judicial judgment,we can introduce sociological interpretation method to identify false propaganda and quantify the standard of "misleading".In order to constitute the fraud in the Consumer Protection Law,false propaganda must conform to the four elements of fraud.In addition,the fraud in the Consumer Protection Law needs the victim as the consumer.In the trial of cases of false publicity disputes,we should pay particular attention to the fact that factors other than the elements of fraud should not be regarded as the decisive condition for false publicity to be recognized as fraud in the Consumer Rights Protection Law.On the issue of legal concurrence of false propaganda,we should synthesize many factors to choose and solve the conflict of laws.Besides considering the level of legal effect(new law,special law is preferred),the choice of plaintiff subject,propaganda method and plaintiff also has an impact on the application of law.In the judicial system,we can improve from the following three aspects: 1.False propaganda should be expressed as "misleading propaganda".2.Reducing the burden of proof of victims of false propaganda.3.Civil compensation and administrative punishment are the main means of regulation,supplemented by criminal punishment,and harmonizing the application of law.