The Research On Civil Liability For False Advertising Spokesperson

With the rapid development of China's economy, the phenomenon of employing the celebrities to endorse the commercial advertisements becomes more and more under the urge of economic interests. Because of the exposure by the network, media, TV stations, the phenomena which the celebrities endorse false advertisements become surfaced. The celebrities endorsers of false advertisements has great disadvantage to the consumers, meanwhile, it destroys the order of social market and legitimate rights of consumers. However, in the current legal system, it is difficulty to investigate the civil liability of the false advertisements endorsers. Therefore, it is necessary for us to analyze the harm of false advertisements and the civil liability of false advertisement endorsers. Through the analysis, we can identify problems, solve the problems and protect the interests of consumers. We can also maintain the market economic order through investigating the civil liability of the false advertisement endorsers and restricting the overflow of false advertisement endorsement.The present paper starts with the lawsuit caused by the spokesman who endorses the false advertisement, analyzing it according to the lawsuit verdict and then points out that the legislation of the false endorsers' civil liability. It analyzes the different views from the domestic theory scholars whether the false advertisement endorsers should undertake civil liability, and compares to the foreign regulation toward the false advertisement endorsement problems, analyzing whether the false advertisement endorsers should undertake civil liability and which kind of civil liability should he undertakes. Therefore, we can construct our own system of accountability about the false advertisement endorsers' civil liability.Except for the introduction and conclusion, the present paper is divided into five chapters.The first chapter states the shortage of our laws on the analysis of the false advertisement concept and the judgment of the false advertisement endorser, it has also discussed the harmfulness of false advertisement endorsement and causes of its emergence.The second chapter analyzes the different views of the theoretical scholars about the idea whether the false advertisements should undertake the civil liability, and then brings up the author's point of view. At last, it discusses the theoretical basis about that the false advertisements endorsers should undertake the civil liability.The third second chapter mainly analyzes the relevant formulations about the problems of the foreign false advertisements endorsement. It summarizes the relevant reasonable experience which we can use by ourselves through the research on the foreign relevant legislation and judicature.The forth and fifth chapter aims at our country's legislation situation, establishing the types, essential components of civil liability of false advertisements spokesperson, as well as the way he should shoulder. It also improves the accountability mechanism of the civil liability of false advertising spokesperson, and puts forward a sound proposal of relevant regulations.