保健食品虚假宣传的经济学分析及规制研究

Economic analysis and regulatory research on false publicity of health food

运用信息经济学与公共经济学理论,分析了保健食品虚假宣传与信息不对称之间、信息不对称与外部性之间的逻辑关系,证成虚假宣传之所以具有外部性实为信息不对称所致。指出中国现行制度在规制解决虚假宣传外部性问题上存在的问题,运用经济法与民法、行政法比较的理论成果即经济法调整方法,在解决信息不对称所致的外部性问题上具有特殊和优势功能,并提出针对相关问题的改进建议。

False propaganda lies in the use of"information asymmetry".Effective regulation of false propaganda not only needs to eliminate any possibility of the occurrence of prior information asymmetry from the source,but also needs to take effective legal means to deal with the moral hazard caused by subsequent information asymmetry.In this review,we sorted out the research results of the externality problem of false publicity and the existing legislation of relevant problems,and analyzed the causes of the externality of false publicity.The ways to solve the externality problem were explored,and the existing problems in China’s current legislation were pointed out,with suggestions for improvement put forward.Using the theory of information economics and public economics,we analyzed the logical relations between false publicity of health food and information asymmetry,and between information asymmetry and externality,which proved that the externality of false publicity was actually caused by information asymmetry.The current problems in Chinese system in regulating and solving the externalities of false publicity were pointed out,economic law and civil law and administrative law were suggested to be applied as the adjustment methods of economic law,and to solve the externalities caused by information asymmetry.