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The Research On The False Advertisement Tort Liability

Posted on:2009-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2166360242986487Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The false advertisement has been a terrible harm to the society,there are always some tort cases raised from the false advertisement.The cost made by the false advertisement is the losses of the benefits of both the consumers and the legitimate operators and the disturbances of the market economy orders.Until now,the regulations in connection with the false advertisement and the system of the consumers' benefits protection have not been established.The purpose of the paper is to make an exploratory research.The logical analysis,the comparative analysis and the positive analysis are being used in this paper.Beginning with the false advertisement,the paper first elaborates the characteristics of the false advertisement torts liabilities;secondly defines the subject of the false advertisement torts,that are the advertisers,the advertising operators,the advertising releasers and the recommenders in the false advertisement including the nature person based on the provisions of the Advertisement Act,which can fill the legal blanks of the regulation of the celebrities-spokesperson in the false advertisement;thirdly,focus on the research concerning the liability rules and the constitutive requirements.Because of the particularity of the false advertisement,the distinct liability rules are proposed to be used according to the different subjects of the false advertisement,meaning the presumption fault rules should be apply to the advertisers and the fault rules should be apply to the advertising operators,the advertising releasers and the recommenders;fourthly,elaborates the patterns of liabilities of the false advertisement torts and the ways to assume these liabilities and recommends that the advertising operators,the advertising releasers and the recommenders shall be charged as the joint liability in the case of the known or ought to know the false advertisement.Also the penalty damages should be charged when the benefits of the consumers are injured maliciously by the subjects of the false advertisement;finally,makes some suggestions for the torts liability issues of the false advertisement from the aspects of the relevant legislation and the legal enforcement.
Keywords/Search Tags:False Advertisement, Subject of the Torts, Liability Rules, Patterns of the Liability, Penalty Damages
PDF Full Text Request
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