Research on the Judicial Application of the Prohibition of Absolute Advertising Terms
Abstract
The absolute terms of one-size-fits-all provisions and high-standard fines, revocation of business licenses and other
penalties are considered too strict. From the point of view of judicial practice, the vague definition of legal absolute advertising
terms makes it difficult to judge illegal liability, and the punishment means of Advertising Law is too single, which leads to
excessive punishment and misconduct. On the premise of making clear the legislative background and purpose of absolute
advertising language prohibition, we should explore the escape path of predicament, and limit the judicial interpretation of absolute
advertising language from its connotation and extension to make the law applicable to the correct adjustment object. Secondly,
some articles of Administrative Punishment Law should be used as the punishment method of absolute advertising language in
Advertising Law to form a benign interaction between the two to ensure a reasonable and fair judgment.
penalties are considered too strict. From the point of view of judicial practice, the vague definition of legal absolute advertising
terms makes it difficult to judge illegal liability, and the punishment means of Advertising Law is too single, which leads to
excessive punishment and misconduct. On the premise of making clear the legislative background and purpose of absolute
advertising language prohibition, we should explore the escape path of predicament, and limit the judicial interpretation of absolute
advertising language from its connotation and extension to make the law applicable to the correct adjustment object. Secondly,
some articles of Administrative Punishment Law should be used as the punishment method of absolute advertising language in
Advertising Law to form a benign interaction between the two to ensure a reasonable and fair judgment.
Keywords
Absolute Advertising language; Advertising law; Judicial Application
Full Text:
PDFReferences
[1] Gao Zhihong: The Realization Mechanism of National Protection of Consumer Rights, Qiushi Journal, No .6,2018.
[2] Bian Yaowu, ed. Interpretation of the Advertising Law of the people's Republic of China and related laws and regulations. Fangzheng Press, China ,1995, p .33.
[3] "State Administration for Industry and Commerce on the packaging of the word " best " (2000), " Drug Advertising Standards " (2007) Article 10.
[4] Nanyang Intermediate people's Court (2013) Nanmin word No .00327 civil judgment.
[5] Hangzhou Intermediate people's Court (2018) Zhejiang 01 line final 511 administrative judgment.
[6] Shi Lidong: The Differentiation and Punishment of Absolute Advertising Terms, Law,Fourth Issue ,2019.
DOI: https://doi.org/10.18282/l-e.v10i1.2119
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