The Theory Of Legal Regulation Of Image Endorsement In Commercial Advertisement

With the development of the endorsement of image, there has been a lot of false and misleading advertisement which seriously aggrieve the rights of consumers. However, the lack of relevant laws and regulations, the absence of effective regulations, the ambiguous legal liability to bear and so on lead to the endorsement relations are facing legal difficulties. In view of this situation, to study the legal regulations of image of our commercial endorsement is very necessary and important. In this paper, empirical survey, comparative analysis and value analysis are used in major, the methodologies are based on dialectical materialism and historical materialism. In the first part of the paper, empirical survey and comparative analysis are used, endorsement of the image is classified and defined based on extensive investigation, and from analyze endorsement contracts into define the rights and obligations reasonably. In the second part, by using the value analyze to explain the relationships between enterprise, endorsement, consumers, government and organizations of self-government industry. Comparative analysis is used in the third part, domestic and overseas advanced systems were summarized for reference. In the forth part, to image the endorsement issue regulations for the system envisaged. Part five is focus on the discussion of some relevant questions of civil liability, such as the nature of responsibility, the principle of attribution, relief institution, and so on.This paper are based on the civil law and administrative theory, supported by economic legal thought and advertising theory and proofed by social living examples to analyze this social phenomenon, and then reach the legal regulation path of endorsement. The innovations of this paper are as follows: by explain the relationships between enterprise, spokesman, consumers, government and organizations of self-government industry to analyze the legal regulation path; applied the justice of the law and order value analysis to the analysis of the practical endorsement problems, the reasonable location of the endorsement will guide the design of the regulation reasonably. By assume a series of legislations in the level of institution and use the reasonable practical experience of civil law system and system of Anglo-American law to establish the image of endorsement of the main system and regulate behavior systems, accountability systems, etc., of which the liability regime focuses on the issues, clarify image endorsement nature of the responsibility issue, responsibility principle, exemptions and so on.