论广告中不正当竞争行为法律规制.pdf

Abstract As China’S socialist market economic system development and improvement，as well as the economic globalization and media techno logy rapid development，advertising plays an very important role in market economics as an intermediary of communication and consumer．And，it will has larger development space with the economic developing and internationalization of advertising in China．But，at present，China’S socialist market economy still in the primary stage，the positive role of advertising including exploit market and promote the consumption and information dissemination has still not completely correct play．And all the laws and regulations about advertising were promulgated in the 90’S year of the last century,which could not be used for the modern economic development，thus result to that the advertising market was full of improper competition advertisements．It not only harms the consumer’S legitimate interests，and also harms the legal benefit of other enterprisers，disrupt the socialist market economic order．At present，the government has made great efforts to intensify rectification for improper competition advertisements．The purpose ofthis dissertation is to search after the reason and the countermeasure ofthis problem． This paper is divided into four parts．In the first part，firstly start with the definition of traditional media advertising and new media advertising，to analyze the characters of network advertisement and message advertisement．In the second part，to assort the improper competition advertising，it explores out the reason，nature and its setbacks in the unfair competition behavior emerging with the development of social development and technical progress．In the third part，I introduced the problems in the advertising regulation in China。S current legal system，to analyze the reasons that improper competition advertising could not be reduced with repeated inhibition．In the fourth part，table the perfected advices according tO these reasons，recommended to us