Research On The Problems And Countermeasures Of Internet Advertising Regulation Mode In China

Advertisement has been born in China for a long time.Early billboard advertisements,wall painting advertisements and so on can be seen everywhere.After the birth of traditional media,such as newspaper,radio,television,etc.,it has become an indispensable and important communication carrier of advertisement.In order to promote the healthy development of the advertising market and protect the rights and interests of consumers,The advertisement law of the PRC was promulgated in 1994.In 1997,China's first internet advertising was born,after which Internet advertising flourished.Due to the lack of regulations on Internet advertising in 1994,legislators began to revise the advertisement law in 2004.After nearly ten years,in2015,the advertisement law was revised and the regulation of internet advertising was added.In 2016,the State Administration for Industry and Commerce issued the Interim Measures for the administration of Internet advertising(hereinafter referred to as the "Measures").The revised "advertising law" continues to follow thegovernment led regulatory model,and extends this regulatory model to the field of Internet advertising.In order to make the government dominated regulation mode more suitable for the field of Internet advertising,the measures improved the application of the new advertising law.This paper finds that the government led regulatory model has been unable to adapt to the law of Internet advertising development,there are various problems in the process of implementation,and there are various contradictions and conflicts in the new advertising law and measures,which are the legal basis of regulatory model.In order to better solve the problems existing in the Internet regulation mode and realize the effective regulation of the Internet advertising market,this paper proposes to build a regulation mode suitable for the law of Internet development,and advocates "network management network" and "network management network".The first is to establish an advertising governance network with the government as the core and the participation of network information platform,industry self regulatory organizations,other network participants,etc.,to build a cooperative governance mode to regulate and supervise internet advertising.The second is in the aspect of laws and regulations.Because the existing legislative revision system is difficult to cope with the rapidly changing Internet advertising market,it is suggested that Relevant legislative activities should be dynamic and timely,while the specific legal content related to Internet advertising should consider breaking the original "subject behavior responsibility" regulatory thinking,and according to the different types of technology adopted by Internet advertising,we should tailor all kinds of behavior norms and legal liability systems for Internet advertising,so as to realize the classified management of Internet advertising.The first chapter of the paper is "overview of China's Internet advertising regulation mode",the first section is the specific content analysis of China's Internet advertising regulation mode,respectively from the regulatory body,regulatory thinking and regulatory processs;the second section analyzes the formation process of the regulatory model of Internet,first of all,the "advertising law" in 1994 created the government led regulatory model,and then the new "advertising law" The lawcontinues to use this regulatory model and extends it to the field of Internet advertising.Finally,the measures improves the application of the new advertising law to make the government led regulatory model more applicable to the field of Internet advertising.The third section analyzes the implementation status of the Internet regulatory model in practice.The second chapter is "the Analysis of the problems of Internet regulation mode".This chapter makes a detailed study of the problems existing in the current regulation mode of Internet advertising in China.The first section analyzes the problems encountered when the regulation mode is implemented in practice,including the problems existing in the government's law enforcement behavior,such as the randomness and subjectivity of law enforcement activities and the professional restrictions on law enforcement ability The second section analyzes the problems of the new advertising law and measures as the legal basis of the regulation model.The third chapter is "the Construction of advertising regulation mode in line with the law of Internet development".This paper believes that the current government led regulation mode has encountered so many problems in the field of Internet advertising,mainly because this regulation mode is not in line with the law of Internet development,so this paper proposes that to achieve effective regulation of Internet advertising,it is necessary to build a regulatory mode in line with Internet development Advertising regulation mode of exhibition law.To build such a regulatory model,we need to start from two aspects: first,we need to build an advertising governance network including the government,network platform,industry organizations,consumers and competitors,so as to realize the network governance and network network management;second,we need to build a legal system that adapts to the rapid development of the Internet and changes rapidly,and implement dynamic legislation and classified management.