Empirical Research On Tort Liability Of False Advertisements In China

Advertising presents information to people,seeks benefits from people,increases appeal with emotion,enhances rendering power with art,and enhances induction power with planning,making it difficult to distinguish between true and false.Our system of tort liability of false advertising with the 56 articles of Advertising Law as the core has been formed.However,the collision of different theories makes the judicial application of this standard difficult and produces different standard effects.It is true that scholars have carried out relevant research,but the study of false advertising tort liability is still a long way to go.In 2021,the Advertising Law was revised,and in 2023,the State Administration for Market Supervision promulgated the Internet Advertising Management Measures,creating new opportunities for the study of false advertising tort liability.On this opportunity,this paper takes the false advertising tort liability system as the research object.The empirical research method is an important research method in the field of law,but the research of false advertising tort liability rarely adopts this kind of method.In order to broaden the research thinking and enrich the research level,this paper adopts the empirical research method,sorts out and analyzes 92 judicial cases of false advertising tort liability disputes from 2020 to 2022,explores the problems faced by China’s false advertising tort liability system in judicial application,and tries to put forward suggestions.The introduction of this paper mainly introduces the research background,research significance,research objects,research questions,research status at home and abroad,research methods and research innovations.With the increasing of false advertisement,the tort liability of false advertisement,as the responsibility of private law,is the most direct way to relieve the damaged rights and interests of consumers,and its role in the management of false advertisement,the maintenance of market competition order,and the protection of the legitimate rights and interests of consumers is increasingly prominent.The first chapter of this paper mainly introduces the general theory of false advertising tort liability,centering on the concept and function of false advertising tort liability,the theoretical basis for assuming false advertising tort liability,the principle of liability attribution and the constituent elements.Civil liability for false advertisements can be divided into contract liability and tort liability.The former is based on the traditional civil law,while the latter is based on the Advertising Law and other laws.In contrast,false advertising tort liability includes advertisers,advertising operators,advertising publishers and advertising spokespersons,which is the main way for consumers to bring civil lawsuits and realize rights relief.The second chapter will focus on the judicial application of false advertising tort liability empirical analysis.In this part,92 judicial cases are selected through "PKULAW".With the help of SPSS data analysis software,the judicial application status of the tort liability system of false advertising in China is analyzed,and the judicial application of the tort liability system of false advertising is mastered.This part will analyze the judicial application of the tort liability of false advertising,including the lack of clarity of the identification of false advertising,the lack of unity of the judicial judgment concerning the professional anti-fake,the lack of validity of the responsibility standard of advertising operators and advertising spokespersons,and the lack of system of the tort liability of false advertising.The third chapter of this paper will try to make suggestions for the above problems.The resolution of the judicial application of the tort liability system of false advertising is the focus of the paper.Suggestions are put forward to improve the judicial application of the problems in judicial application,promote the establishment of perfect identification standards of false advertising,unify the judicial standards of professional anti-false,enhance the judicial application effect of the standard of responsibility subjects,improve the tort liability system of false advertising,and finally promote the development of the advertising industry.To protect the legitimate rights and interests of consumers and maintain the order of fair market competition.