On The Understanding And Application Of "false Propaganda" In Article 8 Of The "Anti-Unfair Competition Law"

At present,there are many different views on the understanding and application of the "false publicity" clause in the Anti Unfair Competition Law(hereinafter referred to as "the anti law"),and the application of the "false publicity" clause in practice is also expanding.In view of this,it is necessary to first clarify the basic concept,behavior mode and constituent elements of the "false publicity" clause.Secondly,it is necessary to sort out the difficulties and disputes in the application of the "false publicity" clause in current practice,so as to summarize the optimal path of law application,and to explore the judgment standard of "false publicity" according to the current situation,so as to provide judicial practice with reference Unified standards to promote fairness and justice.Specifically,this paper is divided into four partsThe first part is the basic content of "false publicity".It introduces and analyzes the legislative situation at home and abroad,studies its connotation,and explores the denotation of "false publicity" by comparing the similar concepts of commercial defamation,commercial confusion,consumer fraud and false advertising.The second part is to sort out the disputes of the "false publicity" clause,and conclude that the disputes of the "false publicity" clause mainly lie in the unclear core elements and the lack of the identified elements.It analyzes the different views of the theoretical and practical circles on the core elements,and summarizes the core elements of "false publicity" through comparative study,which makes people fall into a wrong understanding and make a mistake Wrong judgment.For the determination of "false propaganda",there is no detailed regulation in the current legislation and judicial practice in China,which makes the judges and law enforcement officers have different standards in actual operation,resulting in different judgments in the same case.The third part is based on the analysis of the controversial points of "false publicity",discusses and summarizes the performance and constituent elements of "false publicity".Among them,"false propaganda" behavior is based on the clear distinction between "false" and "misleading",abandoning the long-standing obsession of "misleading" in theoretical circles,and expounds the difference between "misleading" and "cheating and misleading consumers" in the consequential elements.According to the subjective and objective principles of the four elements,this paper summarizes the elements of "false publicity",and finally,in view of the current new network environment,we need to pay attention to some special situations when we identify "false publicity".The fourth part is based on the current legal situation,put forward suggestions on the application of the "false publicity" clause.For a long time,judicial workers' self-judgment on the identification standard of "false publicity" and the lack of connection between the old interpretation of anti law and the relevant provisions of the new anti law often lead to different judgments in the same case.Therefore,it is necessary to clarify the core of "false publicity",unify the judgment criteria,give full play to the characteristics of trade associations,and take measures such as setting up evaluation window and sub regional and sub variety supervision mechanism To provide a general social judgment standard for judicial judgment.