Whether does behavior of false conduct propaganda make crime? Release false advertisement to by what

False advertisement, show advertisement content is false easy perhaps and fetching misunderstanding namely, it is to show the real quality that the content that commodity publicizes and offer goods perhaps serve nots agree with, the another person that shows the likelihood makes publicize an object or suffer conduct propaganda to affect namely arises to associate wrongly to the true condition of commodity, affect its to buy decision-making commodity conduct propaganda thereby.

The netizen seeks advice:

I went to industrial and commercial place sending the report of business charter yearly check the material at the beginning of April, call in April call me to said I have conduct propaganda on the net in the past false advertisement, the company comes around then from others, the name phone that I do not know what the webpage shows now to so that person has made ad on the net is him and original address, with respect to this industrial and commercial place is not approved to me, how should I handle such cases?

Zhejiang gentleman gets the better of attorney office He Peiwen's lawyer to solve:

The behavior of false conduct propaganda on the net, ought to hold the action that is a company, is not fair judicatory decides commissarial individual action. No matter how is the company changed (schism, amalgamative, make over) , short of is cancelled, all and civil liability of former company, ought to by new the company that create is assumed.

That is to say, you turn the punishment that the company that come over must accept gate of The Ministry of Commerce and Industry. According to " law of advertisement of People's Republic of China " and " advertisement regulation " , " oppose unfair competition law " regulation, use advertisement or other method to operator, make false conduct propaganda to commodity, mechanism of industrial and commercial administration ought to be instructed stop to violate act, remove an effect, can be in according to the clue with 10 thousand yuan of above 200 thousand yuan of the following amerce;

It is to promulgator of advertising operator, advertising below the condition that know perfectly well or should know, representative, design, make, release false advertising, mechanism of industrial and commercial administration ought to be instructed stop to violate act, confiscate ad fare, manage advertisement cost the amerce with one times fivefold and the following above, the clue is serious, quit its advertisement professional work lawfully.

He Peiwen's lawyer is compensatory:

Basis " criminal law of People's Republic of China "

The 222nd advertisement advocate, promulgator of advertisement operator, advertisement disobeys a country to set, use advertisement to perhaps serve false conduct propaganda to commodity, the clue is serious, be in 2 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment.

The 231st unit commits the crime that this section sets the 221st times to the 230th, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, according to each this regulation punishs this section.

According to top people procuratorate, the Ministry of Public Security about public security mechanism administer criminal case put on record seeks the regulation that appeals to a standard (2) (fair understand a word [2010]23 date) the 75th regulation, advertisement advocate, promulgator of advertisement operator, advertisement disobeys a country to set, use advertisement to perhaps serve false conduct propaganda to commodity, be suspected of one of following scenario, put on record chases after Yingyu appeal to:

(one) illegal income amount is in of 100 thousand yuan of above;

(2) cause amount of immediate pecuniary loss to be in to individual consumer of 50 thousand yuan of above, perhaps cause accumulative total of amount of immediate pecuniary loss to be in to many consumer of 200 thousand yuan of above;

(3) the precaution of make use of, name that controls sudden event, use advertisement to make false conduct propaganda, cause much person to be deceived, illegal income amount is in of 30 thousand yuan of above;

(4) although did not reach afore-mentioned number levels, but two years internal cause uses advertisement to make false conduct propaganda, had sufferred administration to punish above 2 times, use advertisement to make false conduct propaganda again;

(5) cause person to disable;

(6) the case with other severe scenario.