Research On The Legal Regulation Of Internet False Advertising

Since the birth of the first Internet advertisement in 1997,domestic scholars have conducted in-depth research and Discussion on the legal regulation of Internet advertisement,and formed the legal regulation system of Internet advertisement.The increasing rampancy of Internet false advertisements has prompted people to think rationally about the status quo and harm of Internet false advertisements with new perspectives and perspectives,which has promoted the implementation of the Interim Measures for the Administration of Internet Advertisements and other relevant provisions.However,due to the rapid dissemination and wide scope of Internet advertising,the existing legislation in the field of Internet is not perfect,and the administrative supervision technology and procedures are not yet mature,which makes the legislation and practice of Internet advertising in China remain more in the formal sense,but lack of effective regulations for Internet advertising.A complete system of system.In view of the lagging development of theoretical research and system practice of Internet false advertisement in China,this paper aims at exploring the problems in theory and practice of Internet advertisement in China,based on the current situation of Internet advertisement legislation in China,drawing lessons from the practical experience of the United States,Germany and other Western countries,with a view to providing interconnection for our country.The research and practice of the legal regulation of online false advertising provide an important theoretical basis.Through literature research,empirical research and comparative research,this paper mainly discusses the legal regulation of Internet false advertising from four aspects.The first part mainly focuses on the meaning,characteristics,classification and harm of Internet false advertising to examine the adverse impact of Internet false advertising.The second part summarizes the existing problems in legislation,supervision and judicature around the current situation of legal regulation of Internet false advertising in China.For example,the identification of emerging forms of Internet advertising is not clear in legislation,the review procedure of Internet advertising is imperfect in supervision,the ability of supervision and law enforcement is insufficient,and the illegal cost of judicial actors is low,and the distribution of burden of proof is unreasonable.The third part summarizes the useful experience of foreign countries from three aspects: legislative content,regulatory authority and self-discipline mechanism.In the fourth part,aiming at the existing problems of Internet false advertisement in our country,the author puts forward some suggestions on legislation,such as perfecting special chapter legislation,defining the identification standard of Internet advertisement manifestation,the identification standard of Internet advertisement theme and the standard of subject responsibility undertaking;and puts forward some suggestions on standardizing law enforcement order and perfecting the examination procedure in administrative supervision.Preface,set up a special supervision group,improve the technical and professional quality of supervisors;put forward suggestions on strengthening criminal responsibility and improving the burden of proof system and evidence preservation in the judicial field.