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虚假广告破坏国家市场经济秩序,而且侵害消费者的知情权和选择权。虚假广告违法主体不仅应承担罚款等行政责任,而且应承担“消除影响”责任,以充分保护消费者利益并维护公平竞争的良好市场秩序。我国《广告法》应当理顺第56条和第57条的逻辑关系,扩大第57条“消除影响”责任适用范围,并建立《广告法》民事责任、行政责任和刑事责任的有效衔接机制。
False advertising undermines the national market economy and infringes the consumers’ right to know and choose. The main body of the false advertisement should not only bear the administrative liability such as fines but also bear the responsibility of “eliminating the influence” so as to fully protect the interests of consumers and maintain a fair market order in fair competition. China’s “Advertising Law” should streamline the logical relations between Article 56 and Article 57, expand the scope of application of Article 57 “Elimination of Impact ” and establish an effective connection between civil liability, administrative responsibility and criminal responsibility of “Advertising Law” mechanism.