On The Examination Standard And System Construction Of False Advertisements

After China's reform and opening up,the economy has developed rapidly.People's enthusiasm and initiative have increased rapidly.The vitality of the economy has been released in large numbers,and people's material living standards have been continuously improved.Rich products have begun to fill the corners of the market,greatly enriching people's lives.As a way to promote merchandise,advertisements have begun to appear in large numbers.The information of commodities has begun to spread rapidly around,but there are also discordant voices in the process,that is,the emergence of false advertisements.The emergence of false advertising not only harms the interests of consumers,but also harms the public interest and the interests of the entire industry.People may have some bias against the entire industry.This article starts with the review criteria of false advertising and discusses how to define false advertising.The first part of the article analyzes the historical evolution of false advertising review standards and the normative elements of false advertising as a whole framework to analyze false advertisements and analyze false advertisements from the perspective of historical background and legal norms.Nothing is isolated,and it must be adapted to the environment at the time,so that things can exist.The evolution of the false advertising review standards also fits the historical background of the time.In Article 28 of the new "Advertising Law",false advertising is defined,from which we can abstract out its normative elements as expressions,subjective purposes and effects.The second part of the article starts from the existing legal norms governing false advertising,and discusses the problems encountered in the determination of false advertising in practice.The identification of false advertisements actually involves commercial interests,personal interests,interests of law enforcement agencies,and public interests.The construction of false advertising review standards is actually a rebalancing of these interests.The third part of the article is to examine the three entry points of false advertising,and discusses how to judge false advertisements.They are the general attention standard,the "whole + part" standard,and the isolation observation standard.The third part of the article is to review the three entry points of false advertising and the theoretical basis on which we review false advertisements,and discuss how to judge false advertisements.They are the general attention standard,the "whole + part" standard,and the isolation observation standard.The review of false advertising is a rebalancing of the interests involved,and the theory on which these interests are based is also the theoretical basis for our review of false advertising.The fourth part of the article is about the cracking of the problem of false advertising review.It is discussed from two aspects: the entity identification and procedural conditions of false advertising.The entity believes that it must start with the differences,facts and results of the subject.The balance of interests is related to restrictions on rights and powers,which must go through legal due process,procedures are the guarantee of rights,and procedures are the basis for the legitimate exercise of power.