比较广告的合法性分析

比较广告作为商事个体从事商务活动所采用的竞争手段,其运用与其他商事个体的商品在质量、用途、性能、条件、价款等方面进行比较,以此来吸引消费者并占据市场,是市场竞争者在竞争市场上的有力武器。比较广告行为是商业性言论自由的体现,有利于对消费者的保护,但是,其本身有不可避免的弊端。因此,对比较广告的合法性进行分析,对正确合法的比较广告加以保护,而对超出市场"游戏规则"的行为要加以禁止。

Analysis of the Legality of Comparative advertising

Advertising exists everywhere in modem society, no one could escape from it. Comparative Advertising is used as a commercial entity engaged in commercial activities by means of competition, its use and comparison with other commercial individual goods in quality, use, performance, condition, price, etc. are to attract consumers and occupy the market, it is a powerful weapon for competitive market in the competing market. Comparison of commercial advertising is a manifestation of freedom of expression, and is conducive to consumer protection. Meanwhile, it has unavoidable defects. Therefore, analysis of The Legality of Comparative advertising could protect Comparative Advertising which is legal and could prohibit Comparative Advertising whish is beyond the market ＂game rules＂.