Contract And Civil Liability Caused By Advertisement Cheat

With the economy development of social society and our country market, the commercial advertising has been already included into knowledge-intensive and high-technology industries, and also been considered as one of the power origins which the impetus domestic nationality industry depends on. The function of commercial advertising grows day by day, many kinds of advertisement seep to each aspect of economical and political life, it may be said appear everywhere. The market operators must carry on the advertisements to their own commodity or service in order to seize the small space in the limited market, and obtains profits by making contracts with the consumers.How does the market operator sell the commodity or the service through the advertisement is quite important, the form which they manages, decides the condition of market economy. The advertisement cheat contract is unable to be carried on normally because of the advertisement cheat, the contract potency is changeable, and the contract also may be abolished or even invalid. With the appearance of contractual liability, there is also infringement of responsibility in the cheat contract, sometimes, several kinds of related responsibility even occur together.The article is divided into three parts, discoursing upon the different conditions and civil liability of contracts caused by advertisement cheat. While in China, the deceiving behaviors in economic activities have greatly hurt consumers' rights and interests and even largely influenced the social and economic order. The advertisement cheat is one kind the cheat behavior, the most important characteristic is the use of"advertisement", the special media. Some operators do not give a thought to the business ethics and the national law, they always use improper method like advertisement cheat to obtain benefits. The advertisement cheat has not only deceived the concerned consumers, but also harmed legitimate rights and interests of them, simultaneously, caused the honest operator to lose the customer which should have.The"Contract Law"of our country is based on the principle of honesty and credit, the contract is a important tool in the economical contact, the contract system is the economical legal system, the economical intercourse behavior must observe national law and the administrative regulations, inevitably the contract caused by advertisement cheat is illegal.The introduction and propaganda from the advertisement host should be a kind of contract, through the certain medium of advertisement; we obtain the information of the products or service. The advertisement cheater provides the habitat, the use, the quality, the price, the producer, the date of expiry and so on. They should be responsible for regarding all the things above.Regarding the varying degree and the difference target of illegal activities, the litigant should undertake the civil liability, the administrative responsibility or the legal responsibility separately. In the contract process,if the cheater has both violated the contract law and the administrative law, or even the criminal law, the illegal litigant will undertake both the civil liability and administrative responsibility, even the legal responsibility.The civil subject carries on the deceiving action to obtain the main right benefit; the basic form of benefits is the personal benefit and the property benefit. The goal of civil liability should be a kind of safeguarding to protect victim's benefit, not the penalty of the cheater. When the victim measures the benefit and the loss of the contract, even if congruent relationship is caused by advertisement cheat, they may also request to the cheater to continue to fulfill the contract, but not certainly making the contract invalid.Obviously it is insufficient to draw up some rules and regulations only, we must auxiliary by the legal method, strengthen the contract management, safeguard contract system to development stably ,in order to deal with the problems which appear during the contract fulfilling.One day in the future, all the people can enhance the ability to the discrimination of fake advertisement contracts, and enhance the guard consciousness to the contract cheat. Finally, the comprehensive attack against contracts caused by advertisement cheat and illegal activities will success, we will maintain a normal socialist economy order again.