论误导行为的法律规制.pdfVIP

Abstract Misleading Behavior was first defined in the Paris Convention for the Protection of Industrial Property. It refers to the goods operators (including service providers) or other organizations and individuals use false information or conceal the true information to lead people making misunderstanding. The provisions of false expression and propaganda in Our Anti-unfair Competition Law is generally used for anti-Misleading. Some correlative stipulations are in the Advertisement Law, Trademark Law, Product Quality Law, and Consumer Protection Law as well. This thesis mainly focuses on the problems in the legal regulation on Misleading Behavior in our country. There are three parts in this thesis: The first part analyses the problems in the stipulations on misleading behavior, such as the concept is unreasonable, the criterion is unscientific, the legal liability is imperfect and other aspects problems. The second part is the summary and the comparison of the overseas legislation and judicial practice about the misleading behavior. The advanced experiences overseas offer a model for consummating our legal regulation on Misleading Behavior. The third part is basing on the comparison of the overseas legislation and the judicial practice, then in view of the problems on our stipulated preceding analysis, make concrete proposal on how to consummate the legislation. This part specifically carried on more thorough theory discussion on the misleading behavior on false news, network advertisements, real estate and the authentication organization misleading. Key words: misleading behavior, false expression, false propaganda, lead people making misunderstanding