A Case Study Of Fang Mou V.Xihu District Marketable Supervisory Bureau Of Hangzhou

Article 9 of the Advertising Law of the People's Republic of China(hereinafter referred to as the Advertising Law)provides for advertisements containing absolute terms.But in practice,there are some unsatisfactory administrative penalties in such cases.Especially,there are many disputes about the nature of advertising terms and the applicable standards of penalties.There are some phenomena of "different penalties for the same case",which arouse discussion among the public and the academic circles.Hangzhou Fanglinfu Fried Store v.Hangzhou Xihu District Market Supervision Bureau(hereinafter referred to as Xihu District Municipal Supervision Bureau)administrative penalty case is known as "the first case of absolute terms advertising penalty".The procedure of the case is complete.The controversy involves hot issues such as the identification of the nature of terms and the applicable standards of penalties,which has great research value.Starting from this case,this paper discusses the facts of the case,clarifies the connotation and extension of the absolute terms prohibited by law,concludes the judgment rules of other types of terms on the basis of the judgment results of the related terms in the other Lin Fu case,and arranges the criteria for the application of law in this case based on the decisions and judgments made by the administrative and judicial organs.On.The main body of the paper is divided into four parts: the first part is the summary of the case and the collection and display of views from all walks of life,extracting the key information and theoretical issues affecting the trend of the case;the second part focuses on the absolute terms,elaborating their meanings,and identifying the relationship with relevant concepts,and then arriving at the rules for the determination of absolute terms advertising and the broad application of advertising law.The third part deals with the application of the principle of rationality in the punishment of absolute terms advertisement,including the basic meaning of the principle,the embodiment in the administrative field,the necessity of the application of the principle in the case ofabsolute terms advertisement punishment and the applicable rules of the principle.Views and suggestions,such as explaining the uncertain legal concepts in legal provisions,introducing expert system,ordering the parties to correct their illegal acts or to rectify their violations within a time limit before the market supervision department decides to impose administrative penalties,defining the criteria for determining the applicable circumstances of mitigating penalties,and constructing the rule of "first violation without penalty".This paper mainly uses case analysis and comparative analysis methods.This paper elaborates on the connotation and applicable rules of absolute terms and rationality principles involved in the case,and responds to many disputes in the case itself.It also puts forward some suggestions to improve the administrative law enforcement problems in similar cases,and strives to achieve the combination of large vision and small incision,so as to see the big from the small,and provides reference suggestions for solving similar cases through case analysis.The case theory has strong pertinence and can be used to analyze other similar practical problems by analogy.