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随着改革开放的不断深入和社会主义市场经济体制的不断完善,广告已成为当今社会生活的重要组成部分。而目前一些形形色色的用以欺骗和误导消费者的虚假广告,不仅挫伤公众对广告的感情、损害消费者的利益及商品生产经营者之间正当的竞争关系,也损害了国家利益和社会公众利益,扰乱了社会市场经济秩序,进而影响到社会主义市场经济的健康发展。因此分析和研究虚假广告的成因,并采取有力的措施予以打击,具有深远的历史意义和现实意义。改革开放30年,我国的制度建设取得了长足进步,广告事业也走上了法制轨道,形成了以宪法为根本大法、以广告法为核心、以各种管理规定和自律条例为框架的广告法规体系。但我们也应该清醒地看到,这个体系中还存在着不少漏洞和许多不足。近些年广告市场出现的一些怪现象无一不披着合法的外衣践踏着制度的尊严。
With the continuous deepening of reform and opening up and the continuous improvement of the socialist market economic system, advertising has become an important part of today’s social life. At present, some kinds of fake advertisements for deceiving and misleading consumers not only dampen the public’s feelings about advertisements, harm the interests of consumers and the legitimate competition among the producers of commodities, but also undermine the interests of the state and the public interest Disrupted the order of the social market economy and further affected the healthy development of the socialist market economy. Therefore, analyzing and studying the causes of false advertisements and taking powerful measures to combat them has far-reaching historic and practical significance. In the 30 years since the reform and opening up, the system construction in our country has made great strides, and the advertising industry has also embarked on the track of law. It has formed the advertising laws and regulations that take the constitution as the basic law, the advertising law as the core, various administrative regulations and self-regulatory regulations as the framework system. But we should also clearly see that there are still many loopholes and many deficiencies in this system. In recent years, some strange phenomena appearing in the advertising market are all dressed in the dignity of the system in lawful cloaks.