The Separate Liabilities Of Advertising Endorsers

In the age of developed internet, we are overwhelmed by abundant information, and our economy, society and culture turn out to be prosperous. As an effective informational channel and a barometer which is a reflection of present social and cultural development, advertisement has penetrated people's daily lives. Meanwhile, since frequently being exposed to unchecked information, consumers are greatly challenged to make as rational decisions as they did before. In the course of message dissemination, advertising endorsers have unique legal positions. On one hand, advertising endorsers helped advertisers to publicize their advertising products. On the other hand, they try the products for consumers. However, law-makers are embarrassed by joint and several liabilities imposed on advertising endorsers. Though there is a heated discussion on this issue in recent years in theory, the focus is mainly on civil areas, the administrative liability and criminal liability are insufficiently considered. There is still a long way to go.This essay is divided into four parts. The first part is about joint and several liabilities. It begins with different viewpoints of the two main legal systems on this issue. Then it compares the similarities and dissimilarities between joint and several liabilities and joint and several debts. Afterwards, it introduces some different views about the theory of joint and several liabilities in other countries, and points out the drawbacks of entailing advertising endorsers joint and several liabilities. The second part is about the substantive basis of separate liabilities. Firstly, it analyses that the premise of separate liabilities is illegal performance of duties, rather than false advertisement. Then it carefully discussed the obligation counterparts and obligation characteristics. In fact, some particular groups are also counterparts of advertising endorsers'obligations, and in order to assign liabilities justly, these obligations must be written in law. The third part is about the constitution of separate liabilities. In this part, the essential elements of separate liabilities are carefully discussed, of which illegal conducts are the most important element. Others including fault, damage and causality can be lightly disposed of. The last part is about the operation of separate liabilities. First of all, the essay introduces the present forms of liability entailment. Then it analyzes the disadvantages of civil and public liabilities. Afterwards, through discussing the regulations on advertising endorsers'conducts and introducing relevant sanctions in other countries, the essay suggests another possible forms and enforcement of advertising endorsers'liabilities.There are two unique points of this essay. One is the viewpoint of imposing separate legal liabilities on advertising endorsers, by analyzing the collective rights and interests aggressed by advertising endorsers, this essay aims to find another way to deal with the present problems. The other is the detailed introduction of advanced regulations in other countries.