On Regulation Of False Commercial Advertisement

Advertisement in this thesis is mainly confined to commercial advertising. A false advertising is consists of four elements, namely, main body, subjective aspect, object, and objective aspect. A false advertising bears the following characteristics as: illegality, social imperilment, profit-making unlawfulness, specificity of its main body, fraudulence of method, diversification of its medium and method. The type of a false advertisement includes false by fraudulence, false by exaggerating, false by price exaggerated, false by important information concealed, false by obscure and multiple meaning, false by unfair competition, and so on.The reasons why false advertisings deluges in our country are as the following: Firstly, lags exist during the constitution of our advertising legislation system and imperfection marks our advertising legal framework. Secondly, the inferiority of examination and supervising mechanism and inadequateness in enforcement connive false advertisings deluges. Thirdly, information asymmetry exists between consumers and business dealers, and some consumers greedy for petty profits in combine with their absence in law and high cost for consumer's right maintenance. Finally, the partial advertisement operators lacks professional morals, it enables the false advertiser have opportunities to be exploited. In addition to guilds'autonomy functions have not play its proper parts.Proposals to the method of regulation on false advertising in our country have been put forward to in detail. Firstly, false advertisement shall be regulated by legislation, while the conception and finding criterions to false advertisement should be clearly defined and expanded. Presenters for false services and/or commodities should be incorporated into the main body for responsibility undertaking and further strengthens the punishment by introducing punitive damage compensate mechanism in the laws and regulations and coordinating with compensation damage compensate mechanism. The system on liability without negligence and the system on burden of proof in reverse should also be defined clearly, and legislation on internet advertisement should be perfected as soon as possible. Secondly, the review inspection mechanism should be consummated. Thirdly, the surveillance system of society should be consummated. And lastly, the autonomy construction in advertising industry should be strengthened. Only though researching on present actual conditions in China, constituting relevant rules and regulations, and controlling the source of false advertisings, can we regulate false advertisings effectively.