论我国比较广告立法之完善——以王老吉诉加多宝二次案例为例

On Improving Legislation of Comparative Advertising——JDB vs Wong Lo Kat in the Case

比较广告已被广泛用于商业宣传、企业竞争,但是我国关于比较广告的法律规制仍然存在立法不完善、实践规范性不强、不确定因素众多的缺陷,这使得市场经济中关于比较广告的认定、规范、法律纠纷的解决成为难题,严重扰乱竞争秩序、损害消费者利益。针对这种我国比较广告所造成的不利现象,完善我国比较广告之立法,不仅应从立法理念重构入手,而且应进行规制制度之再构。

Comparative advertising has been widely used in commercial advertising and business competition,but legislation on comparative advertising still with such defects as inadequate regulation, weak practice, uncertainties factors. All these cause the difficulties in comparative advertising definition, regulation and dispute resolution, then seriously disrupted the order of competition and consumers’ interests. In order to change this adverse phenomenon caused by China’s comparative advertising and improve the present legal system, we should not only deal with the concept of reconstruction, but also regulate the system of regulation comparative law again.