Study On The Regulation Of Advertisement With Endorsement

The advertisement industry has been developing for more than 20 years in China, during which its unique industry act and operation pattern have been formed. However ,as the whole advertisement business is based on persuading consumers or drawing their attention, the advertisement practioners may probably ignore or hurt consumers for the profitable aims. The false testimonial and endorsement in the advertisements is just such kind of action, which have drawn strong attention of the public. And the endorsers are claimed compensation or penalty by both group of consumers and some of the lawyers. As the conclusion has not been reached yet ,this article will try to explore the reasonable approach to solve this legitimate problem by utilizing the theory of the civil law, administration law and economic law, referring to the economic and advertising theory, and analyzing the cases, in order to help to improve the legislation. The outline of this article is as follows:Introduction: This section contains three parts---first,the summery of the former researches, which is the basis of this study; second ,pointing out the subject of this article, the advertisement with testimonial and endorsement; at last, introducing the purpose of this article .Chapterâ… :As the legal act is the foundation of legal responsibility, so this section is aimed to construct the foundation of the responsibility of advertisements with endorsements, which includes essentially the analysis of the nature and characteristic of endorsements and testimonial, to testify its independence and substantial influence to consumers, and necessity to regulate.Chapterâ…¡:This chapter is to analyze the necessity to regulate the advertisements with endorsements by regulation and set endorsers'legal responsibility. Practical and theoretical explanation will be included in this part, to testify that endorsements have extraordinary effects on consumers'decision, and the regulation is reasonable in constitutional, economic moral, and consumer right's respects.Chapterâ…¢: The essential part of this article, is written to solve problems on the endorsers'responsibility, especially the nature and pattern of the responsibility. It also contains two parts, which are set according to the civil and administrative responsibility respects. Another aim of this part's analysis is to explore the realization approach of the responsibility of economic law.Chapterâ…£: On basis of the former analysis, the conclusion about how to regulate the advertisement with endorsements will be summed up in this section. Besides, the related legitimate advice on endorsers'obligation, liability and penalty will be proposed to constitute the complete regulation system.