On The Legal Regulations Of Comparative Advertising In China

Comparative advertising,also known as comparative advertising and competitive adver tising,refers to an advertisement in which an operator compares his company,product or ser vice with that of a competitor in the industry or in a certain aspect through advertising.With the vigorous development of the Internet environment,the forms of comparative advert ising in the emerging advertising industry have become increasingly diversified,from traditi onal graphic forms to short videos and other forms,and increased investment in advertising on official accounts and major website platforms.Greatly enhance the influence and achieve the target effect.However,as the competition among enterprises has intensified,the illegal comparative advertising disputes frequently occur and have great influence.The existing leg al system can no longer adapt to the practice and development of new forms of comparative advertising on the Internet.The illegal comparative advertising disturbs the order of market c ompetition and harms enterprises and advertisers.It also harms the interests of many parties such as consumers,consumers,etc.There is an urgent need for laws to regulate these pheno mena.Under the premise of understanding basic issues including the concept,characteristics a nd classification of comparative advertising,conduct an empirical analysis of comparative ad vertising disputes in the Internet environment,and carry out typological research on common illegal comparative advertising in practice,mainly divided into false propaganda type Com pare advertising with commercial slurs,define false propaganda and commercial slurs,and make it clear that the object of legal regulation is unfair competition in comparative advertisi ng.Then analyze the constituent elements of illegal comparative advertisements,define illeg al comparative advertisements that constitute unfair competition,affirm the rationality and le gitimacy of comparative advertisements,and clarify comparative standards in order to better regulate illegal comparative advertisements,and maintain market competition order and judi cial stability.At the same time,it introduces the attitudes of the United States,the European Union,France,and Germany to the regulation of comparative advertising and the characteris tics of the current legal regulations based on the analysis of foreign experience,which brings some enlightenment to the legal regulation of comparative advertising in our country.This master thesis aims at explaining that comparative advertising itself is legal,but due to its inherent advantages,if abused,it will become more harmful,specially in order to arouse the attention of all walks to the regulation of comparative advertising along with rapid development of mobile networks.Improving and revising the unreasonable regulations through legislation,and establish ing a sound supervision mechanism to strengthen law enforcement supervision,making my country’s comparative advertising regulatory system more systematic and complete.In order to solve new social practice problems in a more targeted and timely manner as soon as possi ble.To cope with new challenges,it is recommended to make corresponding legislative prep arations for new forms of comparative advertising on the Internet now,and to refine the legis lative provisions and focus on solving the law enforcement dilemma for the part of comparat ive advertising that has been legislated but not clear.