Research On The Regulation Of False Advertising From The Perspective Of Anti-Unfair Competition La

With the development of China’s socialist market economy,the number of all kinds of unfair competition cases is also increasing year by year.In the cases of unfair competition,misleading advertising,together with counterfeiting and commercial bribery,ranks the top three types of cases,which has a certain representativeness and typicality,and has a certain practical significance and value for its research.The current Anti-Unfair Competition Law of China sets up the misleading publicity clause in article 8,and forms the main content of the legal regulation framework of misleading advertising together with relevant judicial interpretation.However,in judicial practice,due to the imperfect existing provisions,the courts in different cases in judicial practice often have substantive differences in the handling of misleading advertising cases.Existing researches on misleading advertising mainly focus on theory,while empirical researches based on misleading advertising cases in judicial practice are scarce.First of all,this article combed the China’s Anti-Unfair Competition Law for misleading advertising law,and the dispute prior to the problem of misleading advertising theory has carried on the classification is introduced.Secondly,this paper takes the judgment documents of misleading advertising cases in the past three years as samples for statistical analysis,collates relevant data,presents typical case judgment reasoning and relevant disputes in sample cases,and makes certain discussions.Finally,in this paper,based on the analysis of the sample cases,put forward Anti-Unfair Competition Law requirement for misleading advertising regulation in the judgment standard,the constitutive requirements of misconduct and clear division of responsibility condition,the operator is subject of litigation right boundary improvement such as perfecting suggestions,in order to better maintain the normal market competition order and protect the legitimate interests of the market main body.