A Legal Dogmatics Study Of False Advertising Crime Under The Background Of Cybereconomy

In recent years,the network economy has shown great advantages because of its high efficiency and convenience,and new forms such as We Chat business,evaluation video,live shopping and so on have emerged constantly.In the post-epidemic era,the online economy has a strong momentum,but it is accompanied by frequent false advertisements,counterfeiting and selling fakes.Emerging industries not only stimulate market vitality,but also bring great challenges to market order,so it is imperative to strengthen legal regulation.This paper takes the crime of false advertising under the background of network economy as the research object,comprehensively collects the judicial cases of the crime of false advertising in recent five years,and finds that there are two problems in the crime of false advertising in China,namely,the low proportion of criminal prosecution and the narrow scope of application.This is mainly due to the vague provisions on the crime of false advertising in Article 222 of the Criminal Law.In this paper,the crime of false advertising is researched by a view of the doctrine of the law.The provisions of Article 222 of the Criminal Law will be interpreted in details through the way of analyzing elements of the crime one by one,so that the rule of law can adapt to social development and the phenomenon of false advertising can be effectively regulated by the criminal law.First of all,the definition of advertising should be redefined under the background of network economy: it has the attribute of selling in content and passes through certain media in form.After analysis,the three new forms of We Chat business,evaluation video and live shopping all meet the above definition of advertisement,so they can be included in the behavior object of false advertisement crime and regulated by criminal law.Secondly,it is necessary to clarify the implementation behavior of the crime of false advertisement stipulated in Article 222 of the Criminal Law,that is,the connotation of false propaganda behavior by using advertisements: there are some or all descriptions of goods or services in advertisements that are inconsistent with the facts,and the exaggerated rhetoric used in advertisements exceeds the boundaries of artistic exaggeration in advertisements,which is enough to lead people to misunderstand and cause the consequences of deceiving and misleading consumers.Thirdly,the scope of the identification of the subject of the crime of false advertising should be expanded.This is because the crime of false advertising is intended to crack down on false advertising,not advertising practitioners.Under the background of network economy,the subject of advertising is expanding constantly,and the subject that can implement advertising behavior is no longer limited to advertising practitioners.Therefore,the subject of the crime of false advertising should also be interpreted in an expanded way.Finally,the subjective aspect of the crime of false advertising requires knowledge,but in practice,there is often a lack of objective evidence that can directly identify the criminal suspect’s subjective knowledge.In this case,this paper tries to put forward the presumption rule of subjective knowledge of false advertising crime,which is innovative and of great significance to make up for the above loopholes.