Study On Responsibility Of Advertising Media

'The advertisement law of the People's Republic of China'has been carried out since 1995. During its sixteen-year history, our country's market economy has witness a rapid development, subsequently advertising market has undergone substantial changes. The rapid development of economy is a double-edged sword, opportunities but challenges. When achieving brilliant achievements, something dissonant also appeared in advertising market, for example, false advertising already goes bad to worse. So it is an urgent issue to handle this challenge and make advertising market get better, faster and healthier.Advertising media, as advertising market's "face" is the key to connect the public. In the ever-appearing false advertisement, we have to mediate advertising media's role and their responsibilities for the false advertising as advertising publishers.Since legislated for 16 years, advertisement has been disconnected with the market economy, say, the productivity, as economic base, developed with high-speed, but the law, as superstructure, didn't keep pace with the wheel of history. So we need to do something legal to tackle such contradictions at once to satisfy the current social needs.Based on the study of Chinese current advertising legislation and a multi-layer and multi-angle analysis, this paper aims to point out some deficiencies existing in the legislation for advertising media in the false advertising'legal responsibility and some suggestions to perfecting the advertising legislation, expecting the advertising legislation and the economy of our country can go better together to guide our advertising market better and further.Based on the present legislation related provisions in China, the author concludes that currently there exists the following four deficiencies about advertising media's responsibility to the false advertising in the provisions of the legislation: (1) on the provisions of the criminal liability subject based on Chinese criminal law and advertising law, it does not recognize individual advertisement publishers can become criminal responsibility subjects; (2) on the cognizance of the crime, the standard of false advertising is too high, easy to let advertising media avoid law responsibility; (3) in the administrative supervision, many administrative departments can't get coordination, which makes advertising media undertake administrative responsibility becomes difficult; (4) on the cognizance in civil liability imputation, consumers get difficult to maintain their own rights and interests, which is against the purpose of advertising legislation.It is worth noted, this paper's advice to perfecting our country's current advertising legislation, although makes the legal responsibility to advertising media as the starting point, but doesn't aim to strictly restrict the advertising media. Practically speaking, it expects to guide advertising market with a more regulating development, through restricting the abnormal advertising media, maintaining the consumers' rights and interests and the public's interests, meanwhile protecting the law-obeyed advertising media to achieve a win-win situation.This paper, in addition to the introduction and conclusion parts, includes four parts. The first part: introduce advertising media and its legal responsibilities, say, advertising media's definition and characteristics. Part 2: mainly introduces several developed countries'and regions'legislation and practice to make the readers know more about advertising media's legal responsibility, and concludes something that can be references and enlightenments to our country. Part 3: introduced the legal liability provisions in Chinese advertising media and analyzed their deficiencies. Part 4: with view of the above deficiencies to put forward some suggestion, hoping to better regulate advertising market, regulating advertising media, maintaining social interests and consumer interests.