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虚假广告治理中的行政级别管辖是指在虚假广告治理中各行政执法机关的权限,而这种权限的划分应当以效率为原则,但现行政执法应有的效率优势却因跨区虚假广告不合理的级别管辖和地方保护主义之庇护而遗失殆尽,从而出现了虚假广告屡禁不止之现状。本文通过对美国虚假广告治理经验的介绍和借鉴,提出建立级别较高的全国垂直管辖的行政体系,以克服行政管辖的效率缺失之弊端,从而解决跨区虚假广告泛滥之现状。
The administrative level jurisdiction in the fake advertisement management refers to the authority of each administrative law enforcement agency in the fake advertisement management, and the division of such authority should be based on the principle of efficiency. However, the efficiency advantage that the administrative law enforcement should have is due to the false advertising Reasonable level jurisdiction and local protectionism asylum and lost, resulting in the false advertising repeated prohibitions of the status quo. Based on the introduction and reference of false advertising experience in the United States, this paper puts forward the establishment of an administrative system with a relatively high level of vertical jurisdiction in order to overcome the shortcomings of the lack of efficiency in administrative jurisdiction so as to solve the current situation of the proliferation of false advertising across regions.