Celebrity Legal Regulation Of False Advertising

False advertising that is false advertising content or because of false propaganda to lead to the misunderstanding of the ads. Celebrity deceived consumers false advertising case, in recent years, emerging, not only impaired the legitimate interests of consumers, but also undermined the public interest, and building a harmonious society, and have caused great public trust damage. China is still not the responsibility of false advertising celebrity endorsements make clear that, but celebrities should be punished by law.The first chapter is "false advertising overview of celebrity endorsement." First, introduced the false advertising and "celebrities" concept, combined with practical analysis of the dangers of false advertising, celebrity endorsements, including:damage to the interests of consumers, undermining the integrity of the principles of community, damaged the interests of advertising-related businesses, destroyed development of market economy, had a negative impact on society. Subsequently, the author analyzes the causes of false advertising, celebrity endorsement, which is driven by commercial interests, the root cause, and the law is not perfect, government regulation, also contributed to the adverse frequent occurrence of false advertising celebrity endorsement of the important reasons, and cannot be ignored, the consumer quality of their own who is yet to improve.The second chapter is "false advertising celebrity endorsement of the legal basis for legal regulation." First introduced for the celebrity whether it should bear the legal responsibility of the pros and cons of both views, negative view is that celebrities should not be liable, should only bear the moral responsibility; certain view is that celebrities should assume legal responsibility. The author shows that his position that celebrities should bear legal responsibility, and carried out in the following legal analysis. The author from the principle of balancing rights and obligations, the principle of good faith, truth in advertising in principle, the argument should bear legal responsibility celebrity theoretical basis. At the same time regulation is also false advertising celebrity endorsement has some legal significance, on the one hand, economic law is enacted to protect the overall interests of the community, and for the regulation of false advertising celebrity to some extent, to play a role in protecting the interests of society as a whole also maintaining the overall economic order; the other hand, "Advertising Law" principle is an important principle of truthfulness, and false advertising regulation is the celebrity endorsement advertisements in order to ensure the authenticity, objectivity, is in line with "Advertising Law" the legislative purpose. In the last part of Chapter II, the author from the subjective fault, offense, damage the offensive conduct and the causal relationship between damage to the facts discussed so false advertising celebrity endorsement Elements of responsibility.The third chapter, the author analyzes the celebrity endorsement of false advertising on the Legal Regulation of the situation, our country now for false advertising in the celebrity endorsement celebrity legal responsibility of the relevant provisions, can be seen from the analysis, our laws and regulations in addition to "Food Safety Law" and Some local regulations, the provisions of legal liability for the celebrities is very limited. Then, the author analyzes the defects of our laws, first of all, "Advertising Law" there are some loopholes, such as the concept and definition of some lack of clarity in the formulation of the law related to liability for the provisions celebrity neglect; followed by the "Consumer Rights and Interests Protection Law "and" Anti-Unfair Competition Law, "there are provisions in the concept is not clear, defining the main problems is unknown; the same time," Food Safety Law " While celebrities have a responsibility to the corresponding provisions of the law, but there are also some limitations; Finally, China's other laws and regulations for the celebrity with the corresponding provisions of the liability, but because of its lower legal hierarchy, not good to apply. Then introduced the foreign celebrity endorsement for the legal regulation of false advertising, focused on the United States, Japan and South Korea, Europe and other relevant regulations and systems have, and summed up by a number of areas for our reference.In the fourth chapter, the author proposes a celebrity endorsement and false advertising of the legislative proposals to deal with strategy. The first is from the legislative point of view, proposed to improve the "Advertising Law" the relevant provisions, to fill gaps in our laws, and vigorously promote foreign experiences and improve our public interest litigation advertising censorship. Secondly, from the law enforcement perspective and improve the relevant laws and regulations, detailed responsibilities of regulatory authorities, strengthen law enforcement, strengthening international cooperation, the greatest degree of protection of consumers and the public interest. The third is to strengthen the advertising industry self-regulation, the practice of drawing the United States and other developed countries, establish and improve relevant organizations, to strengthen the advertising industry's self-monitoring and self-management. Finally, because of their quality of consumers generally low, therefore, I recommend that consumers should be rational consumption, and improve their legal awareness, active against celebrity endorsement for damage caused by false advertising.In short, the celebrity endorsement of the current phenomenon of intensified false advertising and should therefore be referring to foreign laws and regulations and related practices, combined with China's actual conditions, to the greatest degree of protection of consumers and the public interest, maintain the market economic order and the smooth, orderly manner.