Research On The Responsibility Of Stars Advertisement Spokesman

The event of"three deer"powdered milk which drunk by babies and infants attracted people to pay more attention to the responsibility of star who acted as a spokesman for enterprises in advertisement. Look over related cases that happened in recent two year, although some consumer sued the stars as advertisement spokesman, stars rarely take any legal liability. Investigating the reason, it is because the legal system of our country doesn't integrate the advertisement spokesman as the subject of legal rules and regulations. But fortunately, the new revision "Food Security Law" already changed this present situation, it explicitly stipulate the joint responsibilities of stars and other advertisement spokesmen with production operator when they behavior in unreal advertisement to seduce consumer to buy the commodity which injured the consumer. At present, the voice of consumer of demanding stars to take their responsibilities is becoming higher and higher. Many articles have also argued from a theoretical point to prove the rationality and feasibility but neglected the legitimate interests of stars and the comprehensive analysis of this phenomenon. On the basis of analysis of combining with practical and theoretical and the related regulations of , this paper also insist on to ask stars undertake a joint responsibility with Commodity producers. Moreover, protecting the rights of stars is also very important. On this premise, it is advisable to protect the legitimate interests of consumer and eradicate false advertising through laying down new rules and regulations and build new mechanism. The following aspects are what I will research and give my opinions:First of all, many theories about star as ad spokesman will be produced and discussed which will prove the value of this phenomenon and define the role of star when they advertise for the business. From this information, we can conduct that the stars of advertisement have ability and social condition to take the related duty. Consumer can not endure the unfair fact that stars procure so much money by advertising for the business but take few responsibilities.Secondly, I will study the legal status of stars when they enjoy the advertisement and the relationship between consumer and star and the related theories on responsibilities. The information mostly stand on the legal point, many aboard perspectives will be introduced. From the above content, I claim that star should bear responsibility on the theory of tort liability. Thirdly, it is no doubt that stars should take tort liability at China's status quo, but at the same time there are a lot of reasons should be consider which can be used by stars to defend responsibility, such as advertising spokesman have no mistake when the ad from true to false propaganda; stars had done their best to pay attention to the ad but still causing the loss of consumers, the fault in official documents and so on.Fourthly, to define the limits of rights and obligations of consumer and star, the period of responsibility and the type of responsibility of stars and the cases star can be used to defend responsibility through the form of substantive law legislation. Through the establishment of mechanism procedural laws to protect consumer interests, through a special allocation of the burden of proof to add to the burden of proof of star, through the establishment of specialized institutions to manage the administrative supervision of advertising advocacy activities, and through the establishment of public interest litigation system to reduce the burden on consumers and more efficient maintenance of consumer interests.Several aspects of the above composes the present paper, more detailed, fully demonstrates the rationality and feasibility of building accountability mechanisms of China's advertising spokesman.