A Comparative Theory Perspectives of False Advertising

• Main Authors: Lee Cheng-Sue, 李承書
• Other Authors: Ji-Ming Ho
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/64120995318603439827

碩士 === 國立臺北大學 === 法律學系一般生組 === 100 === In recent years, the disputes of false advertising sometimes happen, because the operation of market is that consumer and business owner are opposed in essence, and they have totally different economic power. Therefore, they don’t have the same perspectives on consumption information of products or service. But France is occupied in dishonest commercial practices, and consumer consciousness has developed very early. And the code of consumption has survived from 100 years ago, the relevant experiences of legislation and execution are abounding. Besides, France often intercommunicates with European countries and EU, so she absorbs their last legislative opinions, theories, and reforms. France even follows the relevant directives of EU widely, and it has resulted in her law similar with EU. Thereat when we study the law of France, we understand EU’s by the way. The goal of this thesis is to explore our law system’s defect and insufficiency in the regulation of false or misleading advertisement by means of studying France’s law, doctrine, suit and so on. Chapter one is the introduction, the aim and the motive of the research and research range; Chapter two is the advertising summary, recommend meaning, and how to body the information right of consumer in our legislation. The third Chapter is the subject of false advertising. In Chapter four and five, is to introduce the relevant law, guidelines or principles, a set of judgment criterion, and subjective element of untrue or misleading advertisement. Chapter six is to discuss legal effects of our country and France. Finally, Chapter seven is the conclusion and recommendation. It sums up the preceding chapters, and to make recommendations on relevant disputes and problems. Key words: advertisement, false, untrue, misleading, fair trade law, Consumer Protection Law