Legal subjectivity:

1. Conceptual crime of false advertising (Article 222 of the Criminal Law) refers to the violation of national regulations by advertisers, advertising operators, and advertising publishers who use advertising to damage products. Or the service is falsely advertised, and the circumstances are serious. 2. The composition of the crime (1) Object elements The object of this crime is the legitimate trading activities and competition activities of commodities under the conditions of the socialist market economy. According to Article 2 of my country's "Anti-Unfair Competition Law", legitimate activities of commodity operators that follow the principles of voluntariness, equality, good faith and good faith in market transactions are protected by law. Article 5 of the Advertising Law stipulates that advertisers, advertising operators, and advertising publishers shall abide by the principles of fairness, good faith, and credibility. Advertising is a product of the commodity economy. Under the current conditions of the socialist market economy, advertising, as a tool for disseminating information, guiding consumption, and promoting sales, and as a link between commodity producers and sellers to connect consumers, plays an important role in modern economic life that cannot be underestimated. However, with the rapid development of the advertising industry, false advertisements have appeared one after another, seriously interfering with the country's advertising management order and infringing on the interests of other commodity producers, operators and consumers. In order to ensure the healthy development of the advertising industry and play its role in promoting the development of the socialist economy, the State Council issued the "Administration Regulations" on December 1, 1987, and the State Administration for Industry and Commerce issued the "Administrative Regulations on the Implementation of Advertising Regulations" on January 9, 1988. Detailed Rules". On September 2, 1993, the Standing Committee of the National People's Congress passed and promulgated the "Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China". On October 27, 1994, the Standing Committee of the National People's Congress passed the "Law of the People's Republic of China on Anti-Unfair Competition". *The Advertising Law of the People's Republic of China. These laws and regulations play a normative role in the management order of my country's advertising market. The act of false advertising is an infringement of the social relations of legitimate activities of commodity transactions protected by law. In order to ensure fair competition and protect the legitimate rights and interests of commodity operators and consumers, penalties must be used to punish false advertising. (2) Objective Elements The objective aspect of this crime is that advertisers, advertising operators and advertising publishers have implemented serious false advertising behaviors. The objective prerequisite for constituting this crime must be a violation of national regulations (ie, advertising management regulations). Advertising management regulations mainly refer to: the "Advertising Management Regulations" issued by the State Council on October 26, 1987, the "Implementation Rules of the Advertising Management Regulations" issued by the State Administration for Industry and Commerce on January 9, 1988, and the National People's Congress on September 2, 1993 The "Anti-Unfair Competition Law" passed by the Standing Committee and implemented on December 1 of the same year, and the "Advertising Law of the People's Republic of China" passed on October 27, 1994 and implemented on February 1, 1995, etc. If there is no violation of advertising management laws or regulations, but the circumstances of the behavior are not serious, their behavior does not constitute this crime. The main objective manifestation of the crime of false advertising is the use of advertising for false publicity. The so-called use of advertisements for false publicity refers to the use of advertisements with false and untrue content, including promises about the performance, quality, use, price, validity period, origin, producer, after-sales service, and accompanying gifts of the goods, etc. Promote the content, form, quality, price, commitment, etc. of the service that is inconsistent with the truth, passing off the fake as the real thing. Specifically, the quality and technology of the goods or services cannot meet the quality and technical standards advertised, and the fake is passed off as genuine, and the inferior is passed off as the superior; it does not have the functions promoted in the advertisement. For example, it is said to have health care functions, but in fact it does not, and it is said to be curable. The disease cannot be cured, etc.; the remuneration for purchased goods or services is not consistent with the advertised price and remuneration, and is said to be cheap and high-quality, but the actual price is high; deliberately exaggerating the impact of the product or service, such as the product is only sold in the province but is said to be world-renowned , the product cannot be sold and is seriously unsalable, but it is said that the supply exceeds demand and is deeply loved by consumers, etc.; forging other people’s words and evidence such as data, statistics, abstracts, quotes, and survey results to promote the quality and functions of goods or services. , award certificates, etc.; the goods or services advertised do not exist; etc.

If you do not know that the advertising content is false and are commissioned to produce or publish a false advertisement, this crime will not be committed. According to relevant regulations, those who commit the above-mentioned acts and fall under any of the following circumstances shall be prosecuted: if the illegal income amount is more than 100,000 yuan; if the direct economic loss caused to consumers is more than 500,000 yuan; although the amount does not reach the above-mentioned amount, standards, but has been subject to administrative penalties more than 2 times for using advertisements to make false publicity, and also uses advertisements to make false publicity; causing personal disability or other serious consequences.