Analysis On Legal Regulation Of Endorsements

In this consumption society characterized by “mass production,mass sales and mass consumption”,consumers are more and more easily deceived by the increasing false advertisements.As a result,people losing confidence in the advertisements,and it will make for the InformationalCapabilities of advertisements being damaged.The consequence includes the damage not only to the legal interests of the consumers but also to the rightful competition in market industries.This kind of behavior puts the market into disorder and raises doubts over social credits,which causes credit crisis in advertising industry,results in social resource wasted and the replacement of good money with base coin.Finally,it will pose a threat to the healthy development of the industry.We can find that the cause of false advertising is not single.The spokesmen are lacking in responsibility.And besides it,there are some other underlying reasons,such as the imperfect law,poor legal supervision system,punishment measures leaving much to be desired and unreasonable consumption behaviors of consumers.The published literatures are mainly based on the old Advertisement Law,but some contents are out of date,and most of the literatures mainly focus on the theory rather than consider the feasibility and practicability.This thesis will start from our national conditions,based on the previous theoretical research and the actual factors to explore and study the theoretical research.And to put forward to some solutions and schemes suitable for our national conditions,especially on the parts of the principle of liability fixation and methods of responsibility of spokesperson.Considering the multiple problems lying in false ad endorsement,this thesis will come to analyze these problems from multiple perspectives.This thesis can be divided into four parts.In the first part,it introduces the classifications and basic rules of ad endorsement,and analyses its legal attribute.In the second part,the analysis moves to the issue of ad endorsement responsibility,focusing on the doctrine of liability fixation and constituent requirements of false ad endorsement---either by fault liability principle or by no-fault liability principle should be based on our actual conditions.Afterwards,it explores the responsibility of ad spokesmen from the perspectives of duty of care and legal economics,and on this basis it introduces the liability manner for spokesperson in our country.In the third part,it focuses on the American experience in regulating endorsements behavior and what we can learn from abroad.In the end,it points out how to better regulate the behaviors of spokesperson.Through multi-dimensional exploration about ad endorsement,it aims to better solve the problems by proposing some new solutions.Based on our national conditions,the author has raised several strategies as below: firstly,it is necessary to improve legislation and build Advertisement Law Implementation Details as soon as possible,and to draw reference from foreign legislation methods combining law articles and cases to improve the feasibility;secondly,a special ad review body or department should be established to improve advertisement review ability;thirdly,it is necessary to distinguish the identifies of different spokesmen and ad types,in light of the different obligations and legal responsibilities of the celebrities,common consumers,experts and authority organization in performance ad,endorsements ad and testimonial ad;fourthly,to prevent the flood of litigation,the law shall not give consumers the right of directly suing spokesmen;fifthly,based on the compensation liability of spokesperson,administrative liability can be raised to better punish the guilty spokesmen,and better effects can be achieved through administrative measures.