On The Civil Liability Of False Advertisement Endorsers

Along with the high-speed operation of market economy, the information and technology are developing rapidly, and the ads have become a special way to deliver the information permeating the people's life. No matter what on TV, radio, or the station, subway, your eyes are always attracted by variety of advertising. They (probably the famous person that you familiar with, also the ordinary citizens, or the most authoritative experts in one's professional field) with their sincerely voice to praise a remarkable brand, a supernatural cosmetic, and a very well return on investment. This is the "the evidence of advertisement". Nowadays, in order to raise the awareness and acquire the audience approval in a short time, then open up the market and obtain the biggest profit, more and more enterprises realize the influence of "the evidence of advertisement" began to spend large number of money to hire the well-known public figure and the professional person to do propaganda for its products. But with the rapid market competition, such advertisement began to deceive the consumers from time to time.To get more economic interests, some endorsers use the consumer's trust to send the false information in the advertisement. Such cause a serious damage to the right of consumers and disturb the normal economic market order and hinder the development of advertisement to some degree. Therefore, the United States, Canada, Japan, Britain such developed countries in the world make a certain degree of restriction to commend this phenomenon, including set a strict responsibility system and legal system in public about the advertisement etc. But our existing laws have many loopholes on the endorser's responsibility, and this became the excuse for the endorsers escaping the responsibility in the judicial practice. In order to curb this social phenomenon from the source, further standard the form of the evidence of advertisement and protect the rights and interests of consumers. It is necessary for us to search the existing legal resource to commend the false advertisement and establish a perfect system for endorser's responsibility.From the general issues on the civil liability of endorsers, this article defines the false advertisement and legal status of endorsers, elaborates the character of endorsers. According to the domestic scholars in whether the false advisement endorsers should undertake the civil liability, the article presented their own views. Then confirm the basic theory of the false advisement endorsers'civil liability and point out the necessity of the civil liability. Through leaning the foreign countries and regions on the civil liability of false advisement endorsers, commended with other countries'legislative situation and based on the present conditions, put forward my own views on the civil liability of false advertisement endorser.Besides introduction and conclusion, the thesis consist four chapters.The first chapter introduces the general issues on the civil liability of the endorsers, and then elaborates the concept of the false advertisement and the endorser. According to the relationships between the endorsers and advertisers or consumers, explicated the legal status of endorsers. From the basic characteristics of the civil liability of false advertisement endorsers, aimed at the current dispute and defined the civil liability as the tort liability.In the second chapter, the main topic is about the basic theory and necessity of false advertisement endorsers. According to the domestic scholars in whether the false advisement endorsers should undertake the civil liability, points out the necessity of the endorser's civil liability from the harmfulness of false advertisement. Then make clear the theoretical basis and legal basis principle of false advertisement endorsers, which is the trust principle, the principle of faith and the duty of attention.The third chapter is mainly focus on the false advertisement endorsers'civil liability in foreign countries. Through compared with the legislative situation in Anglo-American law, continental law and other countries and regions, and then get the enlightenment from the theory of false statement in Anglo-American law, so search a beneficial reference for the legal obligations and responsibilities of false advertisement endorsers.Based on the reality of our country, the fourth chapter sums up the lack of legislation in false advertisement endorsers'civil liability, and build up our system according learn the theory of false statement in Anglo-American law. And then points out that the present law should regulate the duty attenuation of endorsers. Also clear that the principle of civil liability should adopt the fault liability and analyze the forms of civil liability from the intention or negligence. At last, put awards my own views on the compensation and plea instance of false advisement endorsers'civil liability.