软文广告的形式、危害和治理——对《广告法》第13条的研究

软文广告在目前我国的大众媒体中盛行,这缘于它在较多情形下比虚假广告更能激发受众的购买欲望,以及政府打击的不力、受害消费者权利主张的困难等原因。为抑制软文广告,有效的治理对策是必要的。制度的完善应该从广告标记、法律责任等方面展开。在广告标记方面,应该重视广告主体运用非语言信息规避法律的问题;在法律责任设定方面,由于软文广告的危害较长时间以来被严重低估,因此应该全面评估软文广告的对消费者、媒体的消极影响。应该加重媒体的行政责任,设定其他责任主体的行政责任,并增设责任主体的民事责任等。     

从配套制度层面谈违法药品广告的法律规制

随着药品广告业的迅猛发展,违法药品广告的现象也日益暴露。目前,我国的药品广告市场秩序不容乐观,违法药品广告屡禁不止。立法层面和执法层面的问题使本身设计良好的药品广告事先审查制度被架空,该制度的良性运作有赖于药品广告立法和执法的进一步规范。药品广告审查员制度从制度设计和运行方面都有待改进。违法药品广告公告制度应进一步扩大公开的普遍性,增加公开的透明度和动态性。违法药品广告公众举报制度可引进利益激励机制,从而构筑起打击违法药品广告行为的铜墙铁壁。     

虚假广告罪之合理性追问

目前,我国虚假广告违法犯罪频发,社会危害极大,严重侵犯了国家对广告的管理制度和消费者的合法利益。现行刑法对虚假广告犯罪的规制存在诸多缺陷,应从虚假广告罪的客观方面、主体、法定刑三个方面予以完善。     

浅析悬赏广告

由于我国目前法律对悬赏广告规定的过于单一,在司法实践中,由悬赏广告引起的纠纷早已有之.随着社会复杂化的加剧,我国民事法律越来越有必要对其加以更详细的规定.通过对悬赏广告的性质、悬赏广告的拘束力、悬赏广告的内容、悬赏广告的目的四方面产生的疑难问题进行探析,以期未来我国在制定民法典时在这些方面能做出详细规定.     

Spiralling or Stabilising? The Compensation Culture and Our Propensity to Claim Damages for Personal Injury

The propensity of accident victims in England and Wales to claim compensation through the tort system has generally increased since the 1970s. Contrary to popular belief, however, it has remained relatively stable since 2000, if not since 1997/1998. The upward trend in claims abated, therefore, when no-win no-fee advertising achieved prominence. Whether this long-term increase in our propensity to claim supports the notion that a compensation culture has developed is largely a matter of interpretation. Our understanding of recent trends in our propensity to claim has clearly, however, been distorted through the media. This distorted legal consciousness may not only have affected our views of the tort system but may also have influenced our readiness to use it and thereby contributed to the stabilisation of accident claims in recent years.     

论群众参与反腐败斗争的作用及其强化措施

群众监督是反腐败斗争的一条有效途径,它具有＂四个不断＂的作用。针对目前群众参与反腐败斗争存在的＂四个不＂的主要问题,应采取＂四个进一步＂的应对策略,以期不断增强反腐败斗争的效果。     

The French elections of 2017: shaking the disease?

The results of the 2017 presidential and legislative elections represent an important shift in French politics. For the first time in the history of the 5th French Republic, the candidates of the two traditional governing parties were disqualified during the first round of the presidential elections. The duel between a centrist and a radical-right candidate in the second round of the elections constitutes an unprecedented configuration. Moreover, there was a record parliamentary renewal after the 2017 legislative elections, as well as a feminisation of the National Assembly with 38.8 per cent of women among the deputies. At the same time, abstention for the legislative elections reached a new record high. Overall, the results of the French elections in 2017 could point to major shifts in the party system, as well as to a renewal of the French political elite, and to an enduring malaise between French citizens and their political representatives.     

Civic activism and Korean democracy: the impact of blacklisting campaigns in the 2000 and 2004 general elections

Abstract

For the general elections in 2000 and 2004, civic groups in South Korea joined forces to stage the so-called ‘blacklisting campaign’ or ‘defeat campaign’ against allegedly corrupt, incompetent or anti-reform politicians. The campaigns not only played a significant role in thwarting many politicians from getting nominated or elected but also heralded a new era in Korean politics: civic groups have now emerged as a major political force, capable not only of challenging party policies and pending legislation but also taking on an agenda-setting prominence in a wide array of policy areas. In analyzing the success of NGO political activities in the 2000 and 2004 general elections, this paper draws on resource mobilization theory to show how the civic groups effectively utilized various resources, including leadership skills, communications and office facilities, and access to the mass media, to achieve their objective rather than relying simply on the spontaneous participation of voters. In comparing the efforts of civic groups in the two elections, the paper also explains the factors that made their endeavors relatively less successful in 2004 (e.g. a splintering of alliances among the civic groups). On the whole, the paper argues that the greater political involvement by civic groups is likely to lead to a more pluralistic, open and competitive form of democracy, and that the vibrant civic activism in Korea is an indication not only of maturing democracy but also a more secure entrenchment of civil society.     

Advertising and the conquest of culture

Thomas Frank's important The conquest of cool: Business culture, counterculture, and the rise of hip consumerism usefully described the advertising industry's “conquest of cool” in the 1960s and beyond, the co-optation of the hip and the cool for the purposes of advertising marketing. This article argues that, since Frank's book appeared, the “convergence of commerce and content” – as the advertising industry calls it – has meant that the production of content is even more entwined with advertising than ever before. The first part of this article describes this shift with particular attention paid to the production of advertising music, which increasingly employs well-known rock, hip-hop, and other popular musicians. The analytical portion of this article draws on the studies of Richard A. Peterson and others on the rise of the socially elite “omnivore” consumer of cultural products to argue that advertising has played a crucial role in this shift, emphasizing the cool and the trendy. Last, the article updates Pierre Bourdieu's influential notion of cultural capital, for, if social elites are more omnivorous in their tastes, then cultural capital today must increasingly be associated with knowledge of the trendy, not only the fine arts.     

Spinning on the Conference Circuit

ABSTRACT

Making sure political parties receive comprehensive and favourable media coverage is a full-time activity that extends beyond the period of election campaigns. In the era of the permanent campaign the annual autumn conferences of the main British political parties represent a publicity opportunity. The undivided media coverage of these events provides a platform for the political parties to sell themselves and their policies to a national audience beyond the conference venue, but also presents considerable risks. To ensure that they successfully exploit this publicity opportunity the party managers, with the aid of communication experts, both control the conferences and implement media management strategies. This article examines how the parties have adapted their conferences to sell themselves and their policies. It highlights the public relations techniques that are employed to ensure that party policy gains the desired positive news coverage and that the coverage of potentially damaging events is minimized. It concludes by considering the impact this marketing driven logic has on the party conferences and their media coverage.