A Research On Spokesman's Civil Liability Of False Advertisement

Along with China unceasing development of market economy,thorough reform and open policy,the advertisement as a medium attracts the consumer,propagandas commodity and supply service which is ubiquitous in the economic life.Nowadays the economic interest pushes ahead more and more businessmen to employ celebrities and stars to be spokesmen to do the commercial propaganda,once spokesman does the false advertisement that will bring unable falsely estimate harmfulness to the consumer,also make the serious influence to consumer's legitimate fights and interests,however,actually it is difficult to investigate the exaggerated advertisement spokesman's civil liability in false advertisement under the current law system. Therefore,we must strengthen the legal protection of consumer's legitimate rights and interests,and drawing positively on the overseas legislative experience of spokesman's civil liability in false advertisement.Moreover consummating the existing advertisement legislation can protect effectively consumer's vital interest, defend the good order to our country economic development and promote the development of our country economy in proper order.Besides introduction and conclusion,the thesis consist four chapters.Chapter one first follows two clues in the advertisement,the false advertisement, spoke on false advertisement and responsibility,civil liability,falsely advertising spokesman' civil liability,clarifies the civil liability of spokesman in false advertisement,then introduces the necessity and feasibility of spokesman's responsibility in false advertisement,yet points out that significance on spokesman undertaking the civil liability in false advertisement.The second chapter inspects the overseas spokesman's civil liability in false advertisement emphatically,and through the comparison among the UK-US legal system,the mainland legal system and other national legislation condition obtains the enlightenment,what's more seeks positive beneficial model to establish the reasonable legal obligation for our country advertising spokesman and the undertaken responsibility.Chapter three stands by actual situation of our country,and combs from the legislation,the theory and the practice aspect,concludes the insufficiency aspect of spokesman's civil liability in false advertisement in our country,as well as deficient in making a reservation on main responsibility master of the spokesman,the non-defined duty and the non-explicit responsibility.The last chapter puts forward the positive legislative proposal in accordance with establishing main responsibility master of falsely advertising spokesman and hypothesizing the advertising spokesman duty,also bringing up the relevant legislative suggestion;moreover clearly definite the responsibility principle,the constitution of important condition and undertaking way of spokesman's civil liability in false advertisement,still the paper proposes its own opinion and viewpoint on responsibility's undertaking ways.This article's innovation mainly falls on three points:First,making a reservation on main responsibility master,and taking this as breakthrough point of fundamentally theoretical research,also through analyzing the theoretical foundation on spokesman's legal liability to establish spokesman's main responsibility master status in legal relationship.Next,proposing the examination duty,the authentic voluntary and the quality guarantee duty to the advertising spokesman.Through drawing on the experience of overseas falsely advertising spokesman legal system,The author derives the overseas widespread use in its preliminary examine system,the credit system,the actual applied principle and so on which become our country' theory origin to set up the spokesman's civil obligation.Finally,the paper makes the new exploration on undertaking ways to spokesman's civil liability in false advertisement, furthermore according to its minute situation defines as own responsibility,joint liability,shared portion liabilities and supplementary liability.