On False Advertisement Publishers' Legal Responsibility And Related System Construction

As one of abnormal phenomenon in a market economy,false advertisements lead infringement to individual consumer's rights,which can easily evolve into the infringement to social rights.Meanwhile,false advertisements will constitute great damages to the credibility of mass media,development of the related industries,the credit of government and the authority and execution of the laws.Under the severe situation of false advertisements in our country,publishers of false advertisements, who play an important role in the production of false advertisements, undertake unparallel legal responsibility comparing to the illegal profit and the serious damage to society in the process.Based on this,this article first carries out the theoretical analyses on the necessity and rationality of legal responsibility assuming of advertisement publishers, then discusses the main content also the deficiency of the institution on advertisement publishers' legal responsibility in our country.In the end, using overseas experiences as reference,this article offers constructive suggestions about advertisement publishers' legal responsibility and related institutional construction.The main body of this article contains four parts:Partâ… is about the analyses on the causes of formation of false advertisement.This part includes three aspects,which are advertisers, advertisement publishers and examination system.The conclusion is that advertisers,advertisement publishers,along with the malfunction of examination system,all constitute the main causes of false advertisements which is coming forth.Partâ…¡carries out the theoretical analyses on the necessity and rationality of legal responsibility assuming of publishers.By analyzing harmfulness of false advertisements,mass media's nature and function, legal relationship between advertisement publishers and advertisers,this part demonstrates that it's necessary and reasonable to investigate the legal responsibility of publishers.Partâ…¢concerns the introduction of legal institution about the legal responsibility of false advertisement publishers in US,Australia,France and other developed countries.Partâ…£contains the suggestions on the perfection of the institution of publishers' legal responsibility.By discussing the content also the deficiency of the institution on publishers' legal responsibility in our country,this paper offers advices on how to improve the publishers' legal responsibility and related institution.