Study On The Criminalization Of False Advertising

With the rapid development of our socialist market economy,the advertising industry has ushered in new development opportunities.But opportunities and challenges always coexist,the existence of false advertising makes the development of advertising industry today is facing challenges,if not take necessary measures,it will certainly pose a threat to the personal and property safety of consumers and the smooth operation of the national market economic order.In this regard,the legislature of our country revised and issued a new Advertising Law in 2015,hoping to deal with the repeated prohibition of endorsing false advertising by setting administrative responsibility for false advertising spokesmen,but it did not achieve the desired results.Thus,the new Advertising Act The existing non-criminal laws and regulations have limited control over the behavior of false advertising endorsement,so it is necessary to curb the increasingly rampant behavior of false advertising endorsement by means of punishment.On the one hand,around the issue of false advertising endorsement into punishment,the academic circle divided into "positive theory" and "negative theory" two schools;on the other hand,around how to enter punishment,also formed two views,namely "common crime theory" and "independent liability theory ".In fact,it is not groundless to put false advertising endorsements into punishment,many countries with developed market economy have included false advertising endorsements into the criminal category,so as a country to implement the market economy system,we can learn from the advanced experience of other developed countries,try to use penal measures to curb false advertising endorsements.In addition,although China's new Advertising Law can not completely contain the act of false advertising endorsement,it has confirmed the administrative illegality of the act,and laid the foundation for the entry of false advertising endorsement.When the false advertisement endorsement behavior has the necessity and the feasibility two conditions,the next task is to design the concrete plan for the behavior.This paper holds that this work should start from the two aspects of "crime" and "punishment " : first,in the aspect of crime design,the act of intentionally endorsing false advertisement is listed as the accomplice of false advertisement crime,and the act of negligent endorsing false advertisement is set as the crime of negligent endorsing false advertisement independently;secondly,in the aspect of setting the legal penalty,the act of intentionally endorsing false advertisement should be set according to the standard of accomplice of false advertisement crime;and the act of endorsing false advertisement for negligence should be set separately Setting up legal penalty,that is,the main penalty is set as criminal detention,and the additional penalty is set as a fine,so that the false advertisement endorsement behavior can be reasonably put into punishment.