虚假广告罪之合理性追问

Rationality of False Advertising Crime

目前,我国虚假广告违法犯罪频发,社会危害极大,严重侵犯了国家对广告的管理制度和消费者的合法利益。现行刑法对虚假广告犯罪的规制存在诸多缺陷,应从虚假广告罪的客观方面、主体、法定刑三个方面予以完善。

False advertising is an important social problem to each government and consumers.Offences and crimes of false advertising seriously infringe the advertising management system and consumers＇ legal rights.Nowadays,offences and crimes of false advertising occur frequently in our country and lead to serious social problems.However,criminal regulation is of little avail and little attention has been paid to the false advertising crime by criminal law scholars.The punishment scope of false advertising crime is comprehensive overseas.In our country,there exist many defects on the regulation of false advertising crime which should be perfected comprehensively from three aspects：objective respect,subject and statutory sentence.