Research On Legal Regulation Of False Advertising

With the rapid development of modern science and technology,the Internet has become a new emerging medium besides traditional media such as newspapers,magazines,television and radio due to its novelty,interactivity and super-regional characteristics.Nowadays,the era of shopping is coming,and people's vision is filled with a large number of propaganda advertisements from traditional media and shopping network.The audience group of advertisement is more and more,the coverage scope is also more and more extensive,has brought many conveniences to the consumer.However,many illegal false advertisements are also involved in it.In the face of imperfect laws and regulations,the legal rights of some consumers are damaged and the orderly competition in the advertising market is destroyed.It can be seen that the advertising industry penetrates into all aspects of people's economic life.And in our country,the false advertisement is ubiquitous,endorsements from public figures,from television networks and other new media propaganda,these false advertisements bring misleading information to the consumers,make consumers on the immediate interests of the severely damaged,if not the law weapon to regulation,aided by the false advertisement will be more and more big,the influence of it is very urgent to strengthen the regulation of false advertising.Based on this,this paper adopts literature research,case analysis,comparative research and other methods to study the legal regulation of false advertising.Firstly,this paper expatiates on the basic theory of false advertisement from the aspects of concept,characteristics,expression and constitutive elements.Then,from the perspective of current laws and regulations,government supervision,and industry self-discipline,this paper puts forward the current situation of China's false advertising and relevant problems in legal regulation,and draws inspiration from relevant laws and regulations on foreign regulation of false advertising and the practice of foreign legislation.For example,in the relevant laws and regulations on false advertising enacted by the UK,the consumption forms set by it determine that the high false advertising error rate and low misunderstanding rate have a direct impact;There are two kinds of supervision over false advertisements in Japan: one is the rule of law,the other is the self-regulation.These two aspects are what we need to learn from the legal regulation of false advertisements in China.In recent years,although our country related department of false advertising is of high importance,and make a lot of measures to regulate,but in practice,our country still false advertising,false advertising not only covers a very wide,including health,education,collection,food,cosmetics,real estate,cars,travel and so on more than 10 industries,and route of transmission is very diverse.This phenomenon is mainly due to the existing laws and regulations in China,the government supervision mechanism is not perfect,the industry self-discipline mechanism is not perfect and many other factors.On the basis of above analysis,this article in consummates our country the legal regulating of the false advertising,improve the government supervision mechanism,strengthening the construction of the advertising industry self-discipline and other aspects the specific opinion suggestion,in order to research,this paper can reduce the occurrence of false advertising in the advertising market,strengthening of China's advertising market regulation to provide referential Suggestions.