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The Research On Regulation Of Commercial Free Speech

Posted on:2020-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:X HuangFull Text:PDF
GTID:2416330590963444Subject:Law
Abstract/Summary:PDF Full Text Request
Freedomof speech is one of the fundamental rights of citizens.With the development of the market economy,the value of commercial free speech has become increasingly prominent.Freedom of expression in Business field enables the free flow of information about goods and services,helps consumers to achieve their personal goals,and promotes the development of market economy.However,the free exercise of commercial speech is often prone to conflict with consumers' rights,fair competition,social public interests and other rights and interests.In real life,false advertisements cause various social problems.Therefore,how to balance the freedom of commercial speech and other rights and interests,make the freedom of commercial speech get more reasonable regulation has become an urgent problem.Firstly,this paper Starts with the relevant basic theories of commercial free speech,discussing its value and the necessity of regulation.Then,based on the current situation of the regulation of commercial free speech in China,this paper analyzes the problems existing in the regulation of commercial free speech inChina.Finally,by summarizing and drawing lessons from the experience of the regulation of commercial free speech in the United States,Germany and Taiwan,this paper puts forward some suggestions for the improvement of the regulation of commercial free speech in China.This paper is divided into four parts except introduction and conclusion.The first part firstly introduces the definition of commercial speech and the characteristics of commercial free speech.Then,the value of commercial free speech is discussed to demonstrate the rationality of constitutional protection of it.Finally,it points out that because of the relativity of free speech and the conflict between commercial free speech and other rights and interests,the regulation of commercial free speech has its legitimate basis and practical necessity.The second part firstly discusses the current situation of the regulation of commercial free speech in China,pointing out that the freedom of commercial speech in China lacks constitutional protection,and the regulation mainly adopts legislation to strictly limit the content of commercial speech.Then it analyzes the problems in the regulation of commercial free speech in China from three aspects: government supervision,industry self-discipline and social supervision.In the third part,by summarizing and drawing lessons from the experience of commercial freespeech in the United States,Germany and Taiwan,three representative countries and regions in the development of commercial free speech,hope to provide reference for the more reasonable regulation of commercial freespeech in China.The fourth part,starting from the actual situation of China and drawing lessons from the experience of other countries,tries to put forward suggestions to improve the regulation of commercial free speech in China from the two aspects:the constitutional protection of commercial free speech and the advertising supervision system.
Keywords/Search Tags:Commercial speech, Freedom of speech, Advertising law, Regulation of advertising
PDF Full Text Request
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