The Research On Identification Of False Propaganda As A Form Of Unfair Competition

With the rapid development of the commodity economy,the status of freedom of commercial speech in the commercial field has become increasingly prominent.In the constitutional sense,the intent of freedom of commercial speech is to realize the freedom of speech in the economic field,to protect the rights and interests of consumers,to protect the rights and interests of expressers and to control the power of the government.However,in the market competition,the freedom of commercial speech is not an unlimited right,but a limited one whose exercise is regulated by the public interest and the freedom and rights of other operators in the competitive market.However,the terms of the"Anti-Unfair Competition Law" are ambiguous and freedom of commercial speech is not taken into account in judicial practice and consequently judges lack a unified standard for the identification of false propaganda as a form of unfair competition in judicial practice and "codefendant different sentence" happens all the time.As a result,the author argued that the identification of false propaganda as a form of unfair competition is inseparable from the consideration of freedom of commercial speech,from the perspective of Jurisprudence,law,and reality.It is also pointed out that based on the constitutional interpretation,the identification of false propaganda as a form of unfair competition should consider the protection of freedom of commercial speech and follow the principle of proportionality and the principle of interest measurement in the constitution.