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虚假广告不但损害消费者的利益,更是一种典型的破坏市场竞争秩序的不正当竞争行为,应当承担行政责任。但是,我国法律对于虚假广告的行政责任立法却存在许多漏洞。为完善虚假广告的行政责任立法,必须解决虚假广告行政责任法律冲突、行政责任的构成要件及行政处罚方式等问题。
False advertising not only harms the interests of consumers, but also acts as a typical unfair competition that undermines market competition and should assume administrative responsibilities. However, there are many loopholes in our country’s legislation of administrative liability for false advertisements. In order to perfect the administrative responsibility legislation of false advertisements, we must solve such problems as the legal conflicts of administrative responsibility of false advertisements, the constitutional requirements of administrative responsibility and the ways of administrative punishment.