| The straightforward appeal mechanism of traditional advertisements and the effect of stiff advertisements not only easily arouse the audience’s rebellious attitude towards advertisements,but also fail to achieve the purpose of advertisement promotion.After the promulgation of the "Wide Limit Order" in 2011,the traditional advertising development mechanism is even more restricted.However,the dual characteristics of "economic man" and"rational man" of the market main body will inevitably prompt them to choose a better advertising expression mechanism-embedded advertising,in order to achieve economic benefits.However,the new nature of embedded advertisement,which is different from traditional advertisement,and the silent attitude towards it in the recent amendment of the Advertising Law,make the embedded advertisement face the lack of substantive contents such as legal meaning,allocation of legal rights,operation mode and supervision mechanism.In the end,it will not only lead to the lack of regular support for the orderly operation of the embedded advertising industry,but also pose a potential threat to the legitimate rights and interests of consumers.Therefore,this article is intended to be of great significance to the construction of the legal system of embedded advertising.In this regard,the article also focuses on the following four chapters to elaborate and demonstrate:The first chapter is an overview of embedded advertising.Although implantable advertisement is a new thing,the academic circles at home and abroad have paid more attention to it.At present,the definition of the concept of implantable advertisement shows the dichotomy of "broad sense of implantable advertisement" and "narrow sense of implantable advertisement".This article is more in favor of the definition of the concept of"narrow sense of implantable advertisement",and holds that the characteristics of implantable advertisement should be "visual visibility","concealment" and "value for money".At the same time,according to the internal and external development process and characteristics of embedded advertisement,it is more appropriate to define embedded advertisement as"advertisement theory".The second chapter is an investigation of the legal system of extraterritorial implantable advertising.Sorting out the overseas data,we find that the regulation modes of the overseas related embedded advertisement show three trends as a whole.As far as EU legislation is concerned,it is shown as a model of "principle permitting and exception prohibiting".For example,although the EU regulates the program types and program contents of embedded advertisements with "regulations","decrees","decisions","suggestions" and "opinions"respectively,the overall trend is also one of principle permission and exception prohibition.As far as US legislation is concerned,it is shown as a mode of "full liberalization and exceptional prohibition".For example,the U.S.has created a situation in which the authorities of different agencies that regulate embedded advertising are allocated to fully liberalize embedded advertising,but restrictions are imposed under special circumstances.From the perspective of German legislation mode,it is shown as the mode of "principle forbidding and exception permitting",which mainly regulates the embedded advertisement through the differences of different legislative objects.Based on the current market economy in our country,this paper intends to adopt the mode of "principle permitting and exception prohibiting" in the selection of regulatory modes for embedded advertisements.The third chapter is the necessity and feasibility of constructing the legal system of embedded advertisement.The construction of any legal system depends on a certain foundation,and there is no exception to the embedded advertisement.This article thinks that based on the consideration of standardizing the embedded advertising activities,promoting the healthy development of the embedded advertising industry and protecting the legitimate rights and interests of consumers,China must give corresponding legal construction to the embedded advertising and standardize the embedded advertising activities scientifically and reasonably.At the same time,this article thinks that standardizing the embedded advertisement is also the inevitable result of the continuous development of the embedded advertisement market,the continuous improvement of relevant laws and regulations and the continuous improvement of the legal responsibility system.The fourth chapter is the suggestion of constructing the legal system of embedded advertisement in our country.Based on the discussion of the concept,characteristics,extraterritorial legislative experience and the necessity and feasibility of the construction in our country,this chapter mainly attempts to construct a microscopic legal system for embedded advertising,and proposes that the General Administration of Market Supervision and Administration issue "Interim Measures for the Administration of Embedded Advertising"to regulate embedded advertising.At the same time,according to the legislative purpose,the adjustment object,the legislative mode,the implant advertisement standard,the rights and obligations of the implant advertisement legal relation subject,the responsibility of the implant advertisement supervision subject,and the logic main line of the implant advertisement legal relation subject responsibility,the article systematically tries to discuss the contents that the "Interim Measures for the Administration of Implanted Advertisements"should contain under the mode of "principle permission,exception prohibition". |
