On The Legal Liability Of The Spokesman In False Business Advertisement

In a highly developed industrial and commercial society like today's China, commercial advertising has been closely linked with our daily life. No matter we read the newspaper or magazine, turn on the television, brows the homepage or listen to the broadcast, even go to walk, go by the car or ride the airplane, the commercial advertizing is emerging everywhere. It is because that the commercial dissemination of information becomes much more effective and easier today, commercial advertising has become an indispensable tool for market development. However, due to some inappropriate use of commercials to seek a large profit or attack competitors, some of commercials have harmed the interests of consumers, which in the long run will seriously damage the interests of the society. Now, since for the legal responsibility of celebrity advertising false ads in our country, the current law have no explicit provision still, causing the blind in judicial practice in many cases. In order to protect legitimate rights and interests of consumers, we should use the abroad advertisement system for reference, to improve the legislation of Chinese advertisement law.The paper divides into four parts to investigate some problems reflected in the false commercial ads from the legal perspective.The part one: making the summary of the cases and putting forward the questions. In the first place we have put forward the questions, existing in our advertisement system in law, which has been aroused in judicial practice, as the introduction of the theme of the article. Then we will make a brief description of research results, research contents and research approach.The part two: overview of the false commercial advertisements spokesman and his legal liability. In this part we have specifically analyzed the recognization of the commercial advertisements spokesman and his legal status; clear definition of the false commercial advertisements spokesman, and at last, theoretical principle of the false commercial advertisements spokesman to undertake the legal liability. The part three:the question in the current legal regulation of false commercial ads. The questions of this part make up the three parts below: lack of the provision of the legal liability of the false commercial ads spokesman, uncertainty of the forms about his assumption on legal liability; loopholes existing in the concerned law supervision.The part four:proposal to the improvement of the system of the legal endorsement of false commercial advertisements accountability regime. We have put forward countermeasures for dealing with situations, mentioned in part three: the first is to use the abroad advertisement system for reference to improve the main body system of the liability of advertisement law in the aspect of the commercial ads spokesman; the second is to define legal liability of the false commercial ads spokesman; the third is to strengthen law enforcement and legal supervision.