The Legal Regulation Of Star Engaging In False Advertisement

The system of civil liability for damages concerning star speak on false advertising is the bottleneck under Chinese advertisement legislation. Recently, with lots of False propaganda of counterfeit and inferior goods cases were disclosed, consumer have aggressively pursued the lawyers who speaks on false advertising,manufacturer which produce production of the fake and forged products,advertising operator who releases advertisement and others who involved in deals that went sour. Under A lot of questions appear in advertisings developed background, this thesis discusses the liability of star for misrepresentation to the third parties (Consumer with whom the defendants do not have a contract.)This text is made up of four partsPart one. Introduced the star speaks on the false advertisement our country's legislative present situation. Analysis form of expression that the star speaks on false advertising is misrepresentations and false performances. Putting stress on analyzing the cause of star participating in the misrepresentation, the main reason are inadequate supervision to star and the rule of law is not perfect. Point out harmfulness of star misrepresentation.Part two. Through investigating stars misrepresentation whether contract responsibility or liability for tort to consumer, debates theory of contracts and torts' protection to the third Party three, Discusses the juridical basis about the third-party liability of star by the need of advertisement information service. After defining the tort duty for the star obligation, in the third brief summary of the second part discusses the regulation of liabilities due to the defendants, causation-presumption of law and loss damages, meanwhile proposed relief matter of star speaks on advertisement.Part three. Seeks the best applied choice for the nature of liability in China contrasting with the different regulations in continent law and common law , focus on an analysis of the representative of the United States of common law on the regulation Star representing. the United States pass through advertising legislation, self-regulatory organization, the consumer authority's comprehensive model for supervision of representing of star. Take France as representative's continent law through public welfare lawsuit system's establishment, supervisory organization's System designs and so on cease speak on advertisement falsely. Define star's responsibility is based on the tort liability, with the previous part consider continent law and common law, the leitmotiv is finding involves some suggestions for Chinese advertisement legislation and other correlative systems. I hope, will provides a little useful idea for the next legislation .