On Civil Liability For Appearor Of Commercial Advertisement

Today, commercial advertisement serves as a very important role in the contemporary socio-economic development. At the same time, there are a lot of commercial advertising has become China's first commercial fraud which has caused severe damage to the market economic order and the rights of the consumers.One key reason which has caused the consequence is the lack of civil liability for appearor of false commercial advertisements.The thesis divided into four main parts.The first part researchs the basic problems related to the civil liability for appearor of false commercial advertisements . Firstly, the thesis defines the concept of appearor of commercial advertisement and thinks appearor of commercial advertisement is only natural person, including all those involved in commercial performances, for commercial advertising the products or services in the transmission of information, recommend or provide corroboration of the Movie Star, sports stars, industry elite., experts and scholars and the general public in general. Then the thesis analyses the characteristics and the value of appearor of commercial advertisement.The second part analyse the civil liability for appearor of commercial advertisement. This thesis contend that the basic functions of legal obligation such as prevention, relief and punitive will be carried out through in bearing civil liability for appearor of commercial advertisement .The content of the appearor of commercial advertisement is not identical to fact, which have negative affect, by the perspective of sociology, to credit system and special group administration of social value. And the appearor of commercial advertisement responding civil liability is a direct result of the pursuit of the personal value and action as a society .3y the perspective, the phenomenon illusory commercial advertisement prevail on our daily life which is consequent upon reduce the cost, with diversity factors, of responding civil liability for appearor of commercial .Based on the analysis, this part of thesis supply the pivot to the basic concept.Then in the third part of the thesis compare the diversity rules of civil liability for appearor of commercial advertisement between Canada, the United, France and Germany. Based on the comparison and two cases happened in Japanese, the theses conclude that the ultimate request is to be true. If the famous is not a beneficiary or user of the produce, he should respond the civil liability or criminal liability in some serious cases.The fourth part establish the institution of civil liability. Based on the analyse of China's commercial liability legislation, summed up China's regulations and laws for the commercial ads appearor, the thesis establish a institution of civil liability.