Research on the Givil Regulation Path of Drug False Publicity under the Background of Online Sales
Objective:To regulate drug false propaganda from the perspective of civil privte rights,and provide a broader regulatory perspective for regulating drug publicity under the background of online sales.Methods:Based on the legal concept of false publicity and typical cases,the identification standard of drugs false publicity was elaborated.The problems existing in civil regulation of drugs false publicity were analyzed,and finally the countermeasures and suggestions were put forward.Results and Conclusion:Under the new situation,we should pay attention to the regulation of misleading false publicity of drugs.Legal authorities should take whether the false publicity is"misleading"as the core standard,so as to avoid taking thedrugs quality as the only standard foridentifying false.To measure the cognition of drugs consumers at a level lower than that of the average rational people,a moderate amont of ignorance and credulity does not hinder the validity of a claim that is false.Independent consumer false claims should be established.The publicity of important attributes of drugs involving indications,if not consistent with the instructions,can be directly judged as false.From the perspective of reducing the burden of proof of consumers and improving the benefits of consumer rights protection,the enthusiasm of consumers to protect their legitimate rights and interests should be promoted.
drugsfalse publicitymisleadingtortactiongeneral rational person
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