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随着经济的全球化、贸易的自由化,市场的竞争日趋激烈,广告业得以迅猛的发展。网络广告作为新兴的广告产业,如雨后春笋迅速成长并逐渐成为一种独立的广告形式,有着广阔的发展前景,但是由于其与互联网相关的高科技技术背景,我国现行法律规制制度呈现出明显的滞后性,以致在发展过程中出现了若干问题。对此,笔者于深入分析网络广告存在问题的基础上提出了构建整体性法律规制制度的设想,认为应该确立网络广告规制的原则,建立网络广告主体的资格准入制度,完善网络广告的制作和发布,建立政府监管、行业自律和消费者监督相结合的监督制度,完善网络服务提供者的责任,同时加强网络广告法律规制的国际协作。
With the globalization of economy, the liberalization of trade and the increasingly fierce competition in the market, the advertising industry has developed rapidly. As an emerging advertising industry, online advertising has grown rapidly and has gradually become an independent form of advertising. It has broad prospects for development. Due to its high technology background related to the Internet, however, the current system of legal regulation in our country shows a significant lag So that a number of problems arose during the course of development. In this regard, the author puts forward the idea of building a holistic legal regulation system based on the in-depth analysis of the existing problems of online advertising. He believes that the principle of online advertising regulation should be established, the qualification system of online advertising entities should be established, the production of online advertising should be perfected Release and establish a supervisory system combining government supervision, industry self-regulation and consumer supervision, improve the responsibility of network service providers, and strengthen international cooperation in the legal regulation of online advertising.