Study On Misleading Behavior In Commercial Propaganda

Article 8 of the Anti-Unfair Competition Law distinguishes between misleading behavior and false behavior in commercial propaganda,using misleading behavior as a traditional entry point to study false propaganda behavior as before will narrow the forbidden scope of the unfair competition behavior of Article 8,which does not catch the original legislative intention and zeitgeist of the Anti-Unfair competition law.Limiting misleading unfair competition behavior within the scope of commercial propaganda is an embodiment of the essential attribute of the Anti-Unfair competition law,that is,the nature of the competition law.Based on the new expression of misleading behavior in Article 8 of the Anti-Unfair Competition Law,and drawing on the relevant provisions on the determination of misleading in foreign laws,the types and scopes of misleading commercial propaganda and false commercial propaganda need to be studied separately.False commercial propaganda is deceptive,violates the traditional principle of good faith,and reduces the efficiency of market competition,both non-misleading false commercial propaganda and the former misleading false commercial propaganda should be included in the scope of false commercial propaganda;Although the academic circles agree that the misleading true propaganda is a misleading behavior,the current law still does not clearly identify the misleading true propaganda as a misleading unfair competition behavior,and the resulting judicial identification problems may still exist;Foreign laws stipulate that misleading omissions belong to specific types of misleading behaviors,and the introduction of misleading omissions in commercial propaganda,which is in line with the judgment standard of modern Anti-Unfair Competition Law on unfair competition behavior and ensures the three legal benefits,especially the legitimate rights and interests of consumers,are protected from unfair competition behavior,it is also the mean of trader's professional diligence.Article 8 of the new Anti-Unfair Competition Law stipulates the elements of misleading commercial propaganda consequences.First,the trader is excluded and the consumer is defined as the object of misleading behavior.Second,based on the traditional three-principle standard,summarized these standards and combined with the spirit of the times embodied in the Anti-Unfair Competition Law,this paper puts forward the two-principle standard:"general attentions of related consumers" and"combination of important information and main parts".