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The right to freedom of expression to explore commercials

Author: ZhangFuGuang
Tutor: DingQiang
School: China University of Political Science
Course: Comparative Law
Keywords: Commercials Freedom of speech Competition Consumers ' right to know General Terms and Conditions Fundamental rights
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 50
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Abstract

Commercials on competition law and constitutional studies, commercial advertising as a means of competition, as well as the freedom of expression of one of the manifestations of commercials. The previous attribute (instrumental Properties) are well known, the latter attribute (purposeful properties) there are still a lot of controversy. Europe and the United States have a full system theoretical discussion and judicial practice, which will undoubtedly provide our valuable Mirroring. Commercials included in the scope of the protection of the constitutional right to freedom of expression, not only on the economic behavior of individuals and legal persons to provide a higher degree of protection, there is conducive to the maintenance of the order of competition, and even the maintenance of the right to freedom of expression of individuals and legal persons for the promotion of social and political democratization also benefit. Hope this can provide an alternative for our country's future constitutional practice parameter the Kam sample or inspired. Germany and France, for example, the integrated use of historical analysis, philosophical analysis, empirical analysis, economic analysis, and systems theory analysis and other methods to introduce and explore the commercials as the doctrine of the freedom of speech protection, the development of the judicial decisions rheology, the degree of protection explore fundamental rights (the right to freedom of expression) to intervene and influence the ways and means by commercials Competition Law, and that the Constitution and competition law contact interaction problems, as well as the balance between the value of integration of the different ranks problem, so that the The yuan's value, multiple interests can be balanced. The first part explains the dual attributes of the commercials, that the properties of the tools as a means of competition, and as a manifestation of the right to freedom of expression purpose properties as a wake-up ads at the same time introduce our freedom of expression value of \the Advertising Law enforcement process excessive administrative intervention, commercial advertising by many extremely difficult and the status quo. The second section describes the connotation of the right to freedom of expression, the border, as well as the legal right to freedom of expression characteristics, theory of literature, to empower the basis for relief measures and the degree of protection as freedom of speech protected by the law to do theory pave the way to explore corporate commercials. The third part of the through the introductory literature doctrine, to clarify commercial advertising should be included in the scope of the protection of freedom of speech, combing through judicial judgment to show commercials constitutionally protected rheology, with the economic analysis method to study the commercial freedom of speech is limited-scale problems, last undertake article summarizes commercials as the degree of protection of freedom of speech, the scope of the problem. Fourth part by the introduction of the German Federal Constitutional Court Classic judicial precedents more intuitive show the evolution of the attitude of the German judiciary for commercial advertising, analysis of ideas and arguments support, then from the point of view of system theory to explain the basic right to intervene in the way of competition law, as well as different values the contest, measure, and trade-offs. The fifth part of the method by means of system theory states that the multiple interests of a balanced contact interaction between the sectoral laws must pass by the Competition Law of commercials at the same time protected by the Constitution, freedom of speech is just a special case. Then the relationship between the three main value Han Yun elaborate commercials (security, freedom and justice), that the three kinds of value restraining each other and with each other to promote the value of any one constitutes another correction of both. Finally, to conclude the text concludes: commercials should be conditional included in the scope of freedom of expression protected against improper administrative intervention it provides a difference of constitutional protection as a corporate \

The right to freedom of expression to explore commercials

Abstract

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