Study Of Online Advertising Regulatory Legal System

Advertisement,as a kind of marketing behavior,takes many effects in the market-economic movement,such as making communication between producers and consumers,helping the enterprise to set up a good image,opening up the market, guiding the consumers and so on.As one kind of priced information disseminating means,advertisement has a close relationship with the development of media.So, when Internet has become an independent media in less than 5 years after radio,TV, magazine,internet advertisement has been to a golden developing period.Internet advertising is using internet to send out advertisements,which differs to traditional advertisement only in the spreading media.It is the unique technological features that makes internet advertisements have incomparable advantages and characters compared to traditional medias,such as cheap cost,the quickness in transmitting information,interactive character,the wideness of dissemination,the conveniences for analyzing the benefits of advertisements,repeatability,accessibility and so on.But,as a new blood of advertising,the internet advertisement is relatively newly-born thing,with the law which is used for adjusting social relationship has hysteresis character,internet advertisements have many legal problems,for instance, they are hard to define their main bodies,the unfair competition,harassment and violating the private secret right and so on.Among those legal problems,some exist in the traditional advertisements and they present new forms in the internet advertisements,such as unfair competition online advertising;Some of them do not exist in the internet advertisements based on the unique characters of them,for example,the boundary of advertisement's main body is vague and hard to define, internet has dust-emails,and internet advertisements have many legal supervision problems.At present,we supervise advertisements' market according to People's Republic of China Advertisement Law,which published in 1994.However,because the internet advertisements differ traditional advertisements in making and publishing, one third of advertisements' main bodies' traditional advertisement supervision models cannot adjust to the supervision of internet advertisements.The contradiction between the vagueness of jurisdiction and the application of laws,the hardness to prosecute the illegal internet advertisement's liability,the unclearness of adjusting scope for Advertisement Law and the omission of the related provisions make the illegal advertisements widely spread.If those illegal advertisements cannot be regulated properly,they not only affect the healthy and order movements of the internet advertisements' market,but also affect the development of electronic business. Therefore,it is critically meaningful to analyze the legal problems in internet advertisements,and explore methods to improve the legal supervision for our country's internet advertisements according to these legal problems.America,the European Union and our Taiwan area approach to be mature in the internet advertisement's supervision.Learning from the experience of these developed countries and area can avoid detours in administering internet advertisements for our country.This article is divided into four chapters.Chapter one is to explore the usual problems in internet advertisement's supervision,which includes four parts:the former three parts are to discuss the definition of advertisement and internet advertisement;the fourth part is to define and find basis of internet advertisement's supervision,which separately carries on the consideration from the supervision theory basis and the supervision reality basis,analyze the necessity of supervising internet advertisements.Chapter two is to analyze the current legal problems in internet advertisements,which includes three parts to elaborate the current legal problems in internet advertisements in three main aspects separately:the internet advertisement's legal system,the unfair competition of internet advertisement,and harm to consumers' rights and interests.Chapter three for extraterritorial internet advertisement legal supervision experience is introduced.America,the European Union,our country Taiwan area and other developed countries and areas have already advanced one step,those approaching developed experience may use for reference for us to absorb.Based on those elaborations above,chapter four proposes tentative plans to improve our country's internet advertisement's supervision law system:on the basic principles of Internet advertising supervision,including supplement and complete Internet advertising legislation.To increase Internet advertising supervision technology;Through combining and unifying the government management and self-discipline of network complaint mechanism establishes a new administrative supervision mechanism;Since the fictitious feature of Internet,we should train the consumers' abilities to protect themselves,change the consumers' views about the internet environment in a subjective way,strengthen the consumers' abilities to supervise the advertisements;strengthen the international cooperation,and bring a good environment for the development of global internet advertising.