A Study Of The Administrative Law Regulation Of Absolute Terms Advertising

In 2015,the advertising law was revised and implemented,and the issue of the administrative legal regulation in absolute terms of advertising was paid great attention to by the academics and the public,which made it rise to fame.At present,although there are provisions to support the issue in the legal level the relevant specific rules are not perfect.Therefore,there are many disputes about this provision.Based on the research results and practical experience of the existing literature,the author summarizes the problems existing in the the practice of absolute terms advertising.Firstly,The high-level legal documents is insufficient.As a direct result,the promotion of the law enforcement enforcement of absolute advertising is blocked,and the judicial decision has no strong basis.Secondly,the scope of application is too broad,which leads to the law enforcement work of the advertising regulatory authorities is carried out in the whole industry without emphasis,law enforcement power is dispersed,law enforcement resources are is wasted.Thirdly,the assumed conditions are ambiguous.It is still not clear about whether it's an absolute term,the point confirmation,and the usage of the exceptions of absolute terms.As a result of the above assumption problems,the law enforcement authorities are either timid or arbitrary in determining whether to constitute an absolute advertising.Fourthly,the legal consequences are manifestly unfair.It is mainly embodied in two aspects:the pattern of interval penalty,which leads to the imbalances in punishment and the unbalance system of legal consequence.This leads to the "one-size-fits-all" in the legal consequences and the legislative status of high lower limit of the interval penalty make it's difficult for the advertising supervision department to execute and settle the case during the course of the punishment of the illegal act.Fifthly,the discretionary circumstances are not clear.In the identification problems of the no-punishment,leniency and mitigation punishment remain to be improved.Aimed at the problems existing in absolute terms advertising,the author puts forward various pertinent improve measures.The main countermeasures are as follows: Firstly,Increase the high-level legal documents.Secondly,limit the scope of application in key industries properly.Thirdly,explicit assumption condition including clarity on three aspects of the usage scope,direction and the rules of exceptions of terms.Fourthly,classify the punishment on the absolute terms advertising which includes the classification mode of punishment and the classification mode of combining the interval penalty and multiple penalty.Fifthly,definite the standard of discretionary circumstances on two aspects of "active" and "harmful consequences" in the process of punishment of absolute language advertising.