On The False Advertising Spokesmen For The Tort Liability

Advertising, as an effective means of information dissemination, has penetrated into every aspect of our daily lives, and increasingly by people place hep, its great social benefit and economic benefit of doubt. Enter twenty-first Century, along with the development of the socialist market economy, advertising as a traditional way of spreading information has been given a new vitality and spirit of the times, commercial advertising industry has also ushered in the hitherto unknown development opportunity and obtained attract worldwide attention performance. However, in the advertising industry thriving behind also existing such and such problem, the false advertisement which is particularly prominent in. Which the celebrity endorsement false advertising is one of the most common forms of. Nowadays, in order to better for their product (service) to open the market, expanding market and obtain more profits, hired advertising spokesperson has become a business to the most extensive consensus. However, these advertisements in the obtained enormous economic benefits at the same time, advertising spokesperson also lucrative endorsements. Because of its endorsement of the ad itself is already beyond the legal bottom line of false advertising, therefore cause of false advertising and consumer advocate confrontation court events it is often seen., resulting in an extremely bad social impact. On the one hand is for the vast number of consumers’legal rights and interests of serious violations, but also seriously disrupted the normal order of the market economy. Unfortunately, for false advertising spokesman for the legal responsibility to undertake the problem, the relevant law of our country has yet to give clear rules, more is effected by moral condemnation and the public opinion pressure regulation, but this single with self-discipline of soft regulation effects is very small, it also has caused in the judicial practice consumers suing fail, and false advertising can emerge in an endless stream. At present, society and academic requirements for false advertising spokesman for the legal rigid regulation become more and more. In view of this situation, in this era of tide drive below, for false advertising spokesmen liability for infringement of rights research has theoretical significance and social significance.Besides the introduction, is divided into five chapters:The first chapter, firstly on the advertisement and the concept of false advertising and feature undertook elaborate adequately, and then on the basis of analysis of the false advertising related issues and endorsement of behavioral manifestations, especially focus on the analysis of celebrities engaging in false advertising that a hot social problem. Then we were from the jurisprudence, sociology, economics, ethics from four angles of in-depth analysis of the false advertising spokesmen liability theory, which is next to the false advertising and its endorsement of conduct in-depth research has laid a solid foundation.The second chapter is mainly on the United States, Britain, France, Japan and other developed countries, on the false advertising spokesmen liability for tort legislation, judicial practice research. Through the investigation and comparison, foreign legislation for our reference proposes own viewpoint in our country, the regulation of false advertising spokesmen liability provided rich theoretical and practical experience.The third chapter, this chapter is the key part of this article, first of all from the advertising spokesman for the legal status of the identified set out, summed it up and parallel to the advertisers, advertising agents or publishers status of the civil subject. False advertising of the principles of tort liability should adopt the principle of fault liability, but in the allocation of burden of proof, reversal of the onus of proof way. False advertising spokesman on tort liability of the" four elements", we focus on the false advertising spokesman for the subjective fault, false advertising behavior of tort, for endorsement behavior produces the fact of damage as well as false advertising behavior and damage to the fact that a causal relationship exists between these four aspects are analyzed and explained.The fourth chapter, based on the" law of tort liability of joint tort" basic theory of the study, in-depth exploration of the joint tort concepts, characteristics, legislative value and theory on the basis of the definition of responsibility, as we think false advertising and other advertising body shall bear joint and several liability of joint act of tort. We are false advertising spokesmen liability definition and its construction are discussed in detail in the paper, and put forward its own views.The fifth chapter, through to the current our country under false spokesperson Infringement Remedy with respect to the status of the analysis, in view of its defects, we put forward to build China’s false advertising spokesmen liability related to relief the initial tentative plan of system, through the establishment of false advertising spokesman for the tort liability of punitive damages; mechanism; improve the false advertisement spokesperson infringement civil subject system; establishment of false advertising spokesmen for infringement of the public welfare lawsuit system; perfect for false advertising endorsement is the phenomenon of social supervision, and then build and perfect false advertising spokesman for the tort liability system.