Study on Responsibility of Advertising Media
|Keywords||Advertising media Liability False advertising Imputation Principles|
The implementation of the Advertising Law of the People's Republic of China in 1995, as long as 16 years ago. In 16 years, China's market economy, the rapid development of the advertising industry, the market also has undergone enormous changes. The rapid development of the economy as the market opportunity and a challenge. Brilliant achievements in the advertising market, the advertising industry has also appeared in some discordant notes, false advertising began intensified. How to deal with the challenges to the market to get faster and better and healthy development of the advertising industry, is placed in front of us is an important topic. Advertising media as the \In the in false advertising market, advertising media plays what role, as an advertisement, they should bear what responsibility for false advertising, and had us thinking. China's advertising legislation for 16 years, has been generated and the market economy disjointed, as the productivity of the economy based on high-speed development, as a superstructure law did not keep up with the wheel of history, such contradictions in urgent need of legal respond timely adjust to meet the current needs of the community. Multi-level multi-angle analysis on the basis of our current advertising legislation, pointed out that unite in the legislative provisions for the liability of advertising media in false advertising, and to make recommendations on the improvement of our advertising legislation and look forward to China's advertising legislation and economic development go hand in hand, the advertising market to lead our country even better farther. Examine current legislation relevant provisions of legislative provisions on the liability of advertising media in false advertising I believe that the existence of the following deficiencies: (1) on the main provisions of the criminal responsibility contact our criminal law and advertising law found that the legislation does not recognize our personal advertising can become criminally responsible body; (2) identified crime, the conviction of the crime of false advertising standards are relatively high, and easy advertising media to avoid liability; (3) administrative supervision, many administrative departments can not harmonization, advertising media made it difficult to assume administrative responsibility; (4) Civil Responsibility principle it difficult for consumers to protect their own interests, but also contrary to the legislative intent of the Advertising Law It is worth noting that this article's recommendations for improving our current advertising legislation, although they are the liability of advertising media as a starting point, but it is not based on the limited advertising media blindly demanding, but more with reality, expect the advertising market to be able to more specification development, be limited to the non-standard advertising media, and safeguarding the interests of consumers, the interests of the community, but also to protect the legitimate business of advertising media to achieve a win-win situation. In this paper, in addition to the introduction and conclusion, is divided into four parts. Part I: Introduction advertising media, as well as its legal responsibilities involved in the advertising, clear the meaning and characteristics of advertising media, in order to enable the reader to make roughly familiar with the advertising media and ad liability. Part II: focuses on the relevant legislation and practice of a few developed countries and regions, to give readers the liability of advertising media may better understand and summarize the revelation of our country can learn from and reference. Part III: Introduction to the liability provisions of our advertising media advertising, as well as analysis of its deficiencies. Part IV: inadequacies before sound recommendations, in order to be able to better regulate the advertising market, regulating advertising media, to safeguard the interests of the community and the interests of consumers.