On The Civil Liability Of False Advertising

The false advertisement is a kind of commercial advertisement thatadvertisers or their agents, advertising operators, advertising releasers, in order topursue business benefits, make use of certain medium to introduce theirmerchandise or service by misleading or cheating, and make the public think it real,injure the benefits of consumers and other competitors.The false advertisement has already become the first cheat behavior ofbusiness in our country that has been seriously breaking the market economy order,violating the legal rights of large of consumers and market competitors. Theinsufficiency of the civil liability lawmaking of the false advertisement and noenough compensation to victim are important reasons of false advertisement'soverflowing. To study the civil liability of false advertisement has importantmeaning doubtless and all for further restricting false advertisement illegalbehavior, supporting the legal rights of large consumer and market competitor,safeguarding:the market economy order.According to illegality, injure result, causation and fault, it can be affirmedthat false advertisement behavior is a kind of tort. Under particular circumstance,false advertisement behavior constitutes breach responsibility or liability of fault ofconcluding a treat while constitutes infringement responsibility. Lawmaking andjudicatory should respect victim's right to choose.According to the international usual practice, subjects of false advertisementtort are advertiser, advertising operator, advertising releaser, and recommender inthe false advertisement. As representative of advertising operator and advertisingreleaser, medium plays an important part in false advertisement's overflowing inour country. In the false advertisement behavior, advertiser, advertising operator,advertising releaser, and recommender in the false advertisement areCo-tortfeasors and should undertake joint indemnity.The civil liability for false advertisement includes compensation for loss, stopping to violate, removing influence and apology etc.. False advertisementbehavior is infringement with intentionally cheating, and should be punished bypunitive damage. Punitive damage of false advertisement behavior is rationalaccording to analysis on justice. Punitive damage of false advertisement behavioris also necessary according to analysis on function.According to state of the their nations, international community usually havetwo types of advertisement management model :social management type andgovernment management type. The American method of social management typeis better for self-discipline that the model carried out a society, saving resources ofadministration to enforce the law. But France method of national management cannot compensate the victim's loss well, and excessively depend on the incorruptadministration organization with high-efficiency. The traditional governmentmanagement model has been failed in our country, which directly caused falseadvertisement overflowing in our country and resulted in disordering of marketeconomy order and poor market reputation, so the business cheat phenomenoneven can't be suppressed now. In order to turn the tables we have to change ouradvertisement management model thoroughly and perfect society supervisorymeans.The key lies in setting up scientific and convenient litigation rule of civil caseabout false advertisement. Reorganize the government organization ofadvertisement management; Perfect the standard of false advertisement and rulesof verification; Let more plaintiffs proceed against false advertisement; Set uprepresentative action and small claim proceeding and organization structure. Themeasures must be linked up effectively ,at last.