我国虚假旅游广告的法律分析

The Legal Analysis of the False Advertising

近年,中国旅游业迅猛发展,进入激烈竞争的发展阶段,整版篇幅的旅游公司或旅行社广告随处可见,也使得越来越多的公众选择旅游产品及服务。与此同时,市场上旅游广告良莠不齐,尤其是大量虚假广告的出现,造成了旅游业的市场混乱,也给部分旅游消费者带来不小的损失。建议国家根据《广告法》、《广告管理条例》和《广告管理条例施行细则》的相关规定,修改完善广告法律法规,明确旅游广告的各种规范,突出诚实信用原则的重要地位,引导旅游企业加强自律,创新对虚假旅游广告的监管手段,构建规范的违法广告公众举报制度和赔偿制度,建立良好的旅游市场秩序。

In recent years, China＇s tourism has a rapid development and it has entered into a development stage, which has a fierce competition. The full-page advertisements for tourism companies and travel agencies have been seeing everywhere, which made more and more people selected tourism products and services. Meanwhile, the good and bad are intermingled for tourism advertisements on the market, which made the tourism market disorder and chaotic, and results for big losses to some tourists especially when false advertisement emergence. In view of this situation, combining with the form of false advertisements and common features, we should analyze factors of false advertisements and p countermeasures of it. According to the concerned rules of advertising law and advertising management regulations and its details, we proposed the nation modifying and perfecting advertising legal regulations, and clearing various specifications of tourism advertising, highligh ting the important status for honest principles, and lead a strengthened self-discipline for enterprises, meanwhile has an innovation of regulatory means on false tourism advertising. At last, build an regulate system for illegal advertising public reported system and compensation system, and establish a favorable market order on tourism.