A Research Onjudgement Standards Of Misleading And False Advertising

The Advertising Law,which was revised and implemented in 2015,has made great progress compared with the previous amendment,but how to identify false advertisements is still a common problem in law enforcement practice.The reason is that Article 28 of the Advertising Law firstly defines false advertisements as false advertisements,and identifies them as false advertisements in terms of false contents and misleading advertisements;secondly,it lists four typical cases of false advertisements,namely,the absence of advertising signs,the inconsistency of advertising elements,the inconsistency of quotation contents and the inconsistency of demonstration results.Truth,it is not difficult to find that these four typical cases are for false content advertising listed,but the content of the misleading advertising is not mentioned.Advertisements with misleading content often use clever wording,concealed hints,speculative omissions,quotations from out-of-context and tricky perspectives to make publicity inaccurate,unclear,or even deceive or mislead consumers and damage fair competition in the market order.Compared with the advertisement with false content,the advertisement with misleading content is more concealed,more deceptiveand more harmful,which needs to be regulated by law urgently.However,due to the variety of advertising behavior patterns and the lack of legislative certainty guidance,it has led to the problem of misleading false advertising judgment.In view of this,this paper selects three typical types of misleading false advertisements,namely,improper comparative advertisement,absolute advertisement and inappropriate exaggeration advertisement,as the research object,trying to summarize the operational criteria for judgment,in order to provide support and reference for judicial judgment and administrative law enforcement.This thesis is divided into four parts.In the first chapter,the author analyzes the difficult problem of judging standard of false advertisement from three aspects: legislation,law enforcement and judicature.On the legislative side,through the analysis and study of the relevant legal provisions of false advertising in China,it is believed that there are legislative defects in the typical situation of misleading false advertising and the lack of clear criteria for judgment;on the enforcement side,through the statistical analysis of the cases of administrative penalties for advertising,the characteristics of cases of misleading false advertising are obtained.Discussed the prominent problems faced by the advertising supervision and law enforcement work;judicial aspect through the investigation of judicial cases found that there are different cases of the same case in the judicial adjudication.Secondly,it analyzes and introduces three typical cases of misleading false advertisements,namely,improper comparative advertisement,absolute advertisement and inappropriate exaggeration advertisement,and puts forward the specific research path of this paper.The second chapter discusses unfair comparative advertising and its criteria.Firstly,this paper puts forward two problems: inconsistent attitudes in comparative advertising practice and lack of clear judgment criteria in legislation;secondly,it gives the definition of comparative advertising and classifies comparative advertising through comparative law;thirdly,it inspects the development and changes of legal provisions of comparative advertising outside China and comparative advertising law in China.Finally,combined with the jurisprudence and legal analysis of typical cases,three judgment criteria are put forward,such as comparability of comparative objects,one-sidedness of comparative contents and identity of comparative standards.The third chapter discusses absolute advertising and its criteria.Firstly,through the investigation of judicial cases,this paper puts forward the concept of absolute terminology advertising and the existing problems;secondly,it compares and inspects the relevant laws and regulations of China and other countries;finally,combining with judicial case studies,it puts forward four criteria for judging the similarity of meaning,semantic relevance,exclusiveness of context and objectivity of expression,and points out that The absolutism should be reasonably excluded in the advertisement judgment.The fourth chapter discusses inappropriate exaggerated advertising and its criteria.Firstly,through the investigation of exaggerated advertising cases,three legal problems of exaggerated advertising are put forward;secondly,the authenticity requirements and artistic characteristics of advertising are analyzed;secondly,the relevant laws and regulations of foreign countries and our country are compared;finally,it is pointed out that the exaggeration of inappropriate exaggerated advertising needs to have realistic basis and exaggeration range.It is necessary to reach three criteria: obvious and relevant public.