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广告代理实名制作为广告法的修订建议,适用于与中国国情相适应的政府主导型广告监管体制。其意义在于以中国国情和政府主导型监管体制为根据,建构广告业发展的内在动力机制和广告监管的内在自律机制。它要求将政府主导落实为法律规范,明确广告代理方的市场主体地位,一方面维护其合法权益,鼓励广告繁荣;一方面追究虚假违法广告的责任,加强广告监管,从而推进中国广告业的健康可持续发展。其实现途径须坚持法规以民意为基础的原则,须促成人际诚信向普遍诚信转变。
Advertising agency real-name system as a revised proposal for the advertising law, applicable to China’s national conditions and adapt to the government-led advertising regulatory system. Its significance is based on China’s national conditions and the government-led regulatory system as the basis for building the advertising industry’s internal motivation mechanism and advertising regulatory inherent self-regulatory mechanism. It requires that the government should take the lead in the implementation of the legal norms, a clear advertising agency party’s market position, on the one hand to safeguard their legitimate rights and interests, to encourage advertising prosperity; on the one hand investigate the responsibility of false advertising illegally, to strengthen advertising regulation, so as to promote China’s advertising industry health sustainable development. The way to achieve this must be based on the principle of public opinion that laws and regulations must adhere to the principle of promoting interpersonal honesty to universal honesty.