Discussion On The Legal Control Of Comparative Advertising And The Perfection Of China's System On Comparative Advertising

With the sharper competition and the more eager needs of people to living transparency, Comparative Advertising becomes an important means of transport information. However, Comparative Advertising often harms the opposite side, and misleads the people. So it is urgent to regulate it in order to protect people and maintain the economical order. People' s puzzle and few scientific studies on Comparative Advertising make it essential for studying its theory.First, we must define Comparative Advertising accurately. Comparative Advertising needn' t point out the name of the opposite side, and needn' t compare concretely. Comparative Advertising has initiative influence on economy. Meanwhile. In the light of the freedom of speech and economical right in constitution, we can prove it legal.However, Comparative Advertising has negative influence on economy when it is against the legal rules. It may disrupt the order of the socialist market economy. It must follows the basic legal principle include honesty, fairness, true, not mislead and not defame.Comparative Advertisings may break the law in many forms. Illegal Comparative Advertisings are. mostly unfair competition acts. Mislead act and defame act are the usual illegal Comparative Advertisings. Judging the illegal Comparative Advertising must be on the base of the objects of act, the objective aspect of act, the subjects of act and the subject aspect of act. Illegal Comparative Advertisings may apply the forms of civil liability, criminal liability, and administrative liability. We must decide the compensation and suit actor according to the different acts.At last, because our legal system of Comparative Advertising has many defects, we must revise our rules for Comparative Advertising, and try to make them perfect.