Study On The Crime Of False Advertising

The Criminal Law provides the crime of false advertising in 1997 in China. As one of the most severe responsibility, criminal responsibility has a very strong deterrent effect on fighting against false advertising acts.However, the practice of false advertising crimes case there are very few,despite of the increasingly serious problem of false advertising. So we should re-examine the provisions of the crime of false advertising.In this paper, we'll analyze some cases. We also will analyze the problems of the crime of false advertising in the judicial practice. The subject of crime has limited narrow,and the standard for recognizing the crime is not very clear.I also propose some suggestions on how to improve the recommendations,namely through revision for the correlation law and appearing related judicial interpretation for the law. And we should make the spokesmen of the false advertisement for the subject of the crime, and make "serious" clear and specific, with a view to guiding judicial practice well.This paper is divided into five parts:The first part,a summary of the crime of false advertising. We'll introduce some laws for false advertising on abroad and the legislation history for false advertising crimes in China.The second part,elements of the crime of false advertising. Getting a comprehensive understanding for the crime of false advertising,through some analysis of the elements .The third part, identify for the crime of false advertising. with some comparative analysis of several related crimes which are easily confused ,with some specific cases.The fourth part, the difficulties encountered in the judicial practice for the crime of false advertising. Existing laws on false advertising are lack of clear standards for "serious" and a clear legal regulation on the false advertising spokesman.The fifth part,some suggestions on how to improve the crime of false advertising.