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Research on Legislation of False Advertising Crimes

Author: PuMeiLing
Tutor: LiuXiaoLi
School: Northeast Normal University
Course: Criminal Law
Keywords: advertising false advertising advertising legislation false advertising crimes
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 56
Quote: 1
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Abstract


In recent years, with the rapid development of advertising, false advertising began to break and filled with our market. This will constitute a serious threat to the country’s socialist market economic order, the protecting of fair market competition system and consumers’legitimate rights and interests. Therefore, since the start of the 1980s, China has to establish "advertisement law" as the core of many of the laws and regulations. And in 1997 on the "criminal law" the 222nd in clause specified the crime of false advertising, which will bring those extreme illegal social influences and false advertising activity into the criminal law, and applicable to the most severe criminal responsibility. The adding of the sin of false advertising in criminal law plays a positive role in preventing and cracking down on false advertising behaviour. But at the same time problems still exist which affect the judicial applicable. First, from the crime objective perspective, legislation on what is false advertising, what kind of the circumstances are serious has not explicitly been defined. Second, from the aspect of crime subject, false advertising the crime subject is special subject, which means that special subject according to the current legislative regulations, except for advertisers, advertising agents and advertisement publishers cannot separate outside this crime. And in fact, including advertising spokesperson, in other ACTS subject of false advertising activity may play a decisive role, so in some cases, the provisions of the legislation of special subject of crime, limiting the prevention and blow. What’s more, judging from punishment assignment, the legal punishment of false advertising crime is single, and the fine punishment of amplitude is also lack of concrete operation. It diminishes the authority of law and beneath the judicial justice of the law. In view of this, and on the basis of our country’s false advertising legislation evolution and the sin of legislative situation review and analysis, this article proposes some ideas on the crime of false advertising legislation by consulting the reference of foreign advanced legislation. Specific include: in the crime, clearly defined the false advertising and if the circumstances are serious, the definition of false advertising standards for the sin of special subject change to general subjects; in punishment configuration, additional legal punishment is extended, and the application in fine punishment prescribed limit fine system.

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