商业广告骗术治理探析
发布时间：2018-07-24 14:45
【摘要】： 随着社会主义市场经济的不断发展，人们商品意识的逐渐增强，，广告已经成为传递商品信息的一种重要手段。但是，随着市场竞争的加剧，广告在被不正当地利用，出现了形形色色的广告骗术，给社会诸多方面带来严重危害。现在学界的研究情况多以虚假广告为标本，这种研究虽然有必要，但却漏失了对其他类型违法广告的研究。因此，本文以引致违法广告产生的商业广告骗术为对象，以期能为违法广告的治理提供全面的思路。 本文探讨了骗术、商业广告骗术的内涵和特征，并从微观和宏观两个层面分析了商业广告骗术的社会危害性。商业广告骗术作为骗术在广告领域的一种具体形态，既具有骗术的一些共相特征，又有其自己的特征。商业广告骗术的微观社会危害主要包括其对消费者和同类商品生产者或同类服务提供者合法权益的损害；商业广告骗术的宏观社会危害主要包括其对经济秩序和广告行业的危害。 导致违法广告产生和泛滥的主要原因是：广告主、广告经营者、广告发布者遵守广告法律法规意识的薄弱，出于各自利益的驱动，没有把握好广告的创作关和广告的发布关；广告监管部门对违法广告监管不严，惩罚不力，广告法规体系与执法体系也不很健全；同时，广告监管部门和广告行业自律之间的关系还没有理顺。 深入了解商业广告骗术的作用方法、途径与施“骗”模式是剖析商业广告骗术的关键环节。本文循着商业广告骗术运行的过程，试着探讨广告从酝酿到发布的各个环节中商业广告骗术是怎样运行的。有关商业广告骗术的作用途径，本文采用了列举的方式，列举了比较常见的作用途径，如诉诸恐惧、情感诱导、利益诱导以及多方引证等。本文认为商业广告骗术的运行是一个“链承”过程，其中经济利益是链条，广告主是施“骗”过程的总导演。 对症下药方能药到病除。商业广告骗术的治理对策紧承商业广告骗术的产生原因而来。即从广告法律法规的完善、广告执法体系的健全等方面着手，增大广告主、广告经营者和广告发布者的违法成本，挤压其非法获利空间，甚至使其获利为负值。
[Abstract]:With the development of socialist market economy and the gradual enhancement of people's commodity consciousness, advertisement has become an important means to transmit commodity information. However, with the aggravation of market competition, advertising is used unjustly, and many kinds of advertising fraud appear, which brings serious harm to many aspects of society. At present, the academic research mostly takes false advertisement as the specimen, although this kind of research is necessary, it has missed the research on other types of illegal advertisement. Therefore, this paper aims to provide a comprehensive idea for the administration of illegal advertising. This paper discusses the connotation and characteristics of swindle and commercial advertising fraud, and analyzes the social harmfulness of commercial advertising fraud from the micro and macro aspects. As a concrete form of commercial advertising, commercial advertising fraud has some common features as well as its own characteristics. The microcosmic social harm of commercial advertising fraud mainly includes the damage to the legitimate rights and interests of consumers and similar commodity producers or similar service providers; The macro-social harm of commercial advertising fraud mainly includes its harm to economic order and advertising industry. The main causes of illegal advertising are: advertisers, advertising operators, advertising publishers comply with the weak awareness of advertising laws and regulations, driven by their own interests, do not grasp the creation of advertising and advertising release; The regulation department of advertisement is not strict to the illegal advertisement, the punishment is not strong, and the system of advertising regulation and law enforcement is not perfect. At the same time, the relationship between the supervision department of advertisement and the self-discipline of advertising industry has not been straightened out. It is the key link to analyze the commercial advertisement fraud by deeply understanding the action method, the way and the mode of "deception". Following the process of commercial advertising fraud, this paper tries to explore how commercial advertising fraud works from brewing to publishing. In this paper, the methods of commercial advertising fraud are listed, such as appeal to fear, emotional inducement, benefit induction and multiple citations. This paper holds that the operation of commercial advertising fraud is a "chain" process, in which the economic benefit is the chain, and the advertiser is the chief director of the "deception" process. The right remedy can get rid of the disease. The management countermeasure of commercial advertisement deceptive technique tight bear the reason that commercial advertisement deceptive technique produces. That is, from the aspects of the perfection of advertising laws and regulations and the perfection of advertising law enforcement system, the illegal costs of advertisers, advertising operators and advertising publishers are increased, and their illegal profit space is squeezed, and even the profit becomes negative.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
本文编号：2141709
[Abstract]:With the development of socialist market economy and the gradual enhancement of people's commodity consciousness, advertisement has become an important means to transmit commodity information. However, with the aggravation of market competition, advertising is used unjustly, and many kinds of advertising fraud appear, which brings serious harm to many aspects of society. At present, the academic research mostly takes false advertisement as the specimen, although this kind of research is necessary, it has missed the research on other types of illegal advertisement. Therefore, this paper aims to provide a comprehensive idea for the administration of illegal advertising. This paper discusses the connotation and characteristics of swindle and commercial advertising fraud, and analyzes the social harmfulness of commercial advertising fraud from the micro and macro aspects. As a concrete form of commercial advertising, commercial advertising fraud has some common features as well as its own characteristics. The microcosmic social harm of commercial advertising fraud mainly includes the damage to the legitimate rights and interests of consumers and similar commodity producers or similar service providers; The macro-social harm of commercial advertising fraud mainly includes its harm to economic order and advertising industry. The main causes of illegal advertising are: advertisers, advertising operators, advertising publishers comply with the weak awareness of advertising laws and regulations, driven by their own interests, do not grasp the creation of advertising and advertising release; The regulation department of advertisement is not strict to the illegal advertisement, the punishment is not strong, and the system of advertising regulation and law enforcement is not perfect. At the same time, the relationship between the supervision department of advertisement and the self-discipline of advertising industry has not been straightened out. It is the key link to analyze the commercial advertisement fraud by deeply understanding the action method, the way and the mode of "deception". Following the process of commercial advertising fraud, this paper tries to explore how commercial advertising fraud works from brewing to publishing. In this paper, the methods of commercial advertising fraud are listed, such as appeal to fear, emotional inducement, benefit induction and multiple citations. This paper holds that the operation of commercial advertising fraud is a "chain" process, in which the economic benefit is the chain, and the advertiser is the chief director of the "deception" process. The right remedy can get rid of the disease. The management countermeasure of commercial advertisement deceptive technique tight bear the reason that commercial advertisement deceptive technique produces. That is, from the aspects of the perfection of advertising laws and regulations and the perfection of advertising law enforcement system, the illegal costs of advertisers, advertising operators and advertising publishers are increased, and their illegal profit space is squeezed, and even the profit becomes negative.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
【引证文献】
相关硕士学位论文 前2条
1 杨玲玲;名人广告伦理问题及其对策研究[D];新疆师范大学;2010年
2 胡炳旭;中国电视虚假广告治理对策研究[D];安徽大学;2011年
本文编号：2141709
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