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Research On Tort Liability Of Celebrity Engaging In False Advertisement

Posted on:2011-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:B B WangFull Text:PDF
GTID:2166360305455916Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In modern society, celebrities play a crucial role in the advertisement which to be considered as one of indispensable instruments in business promotion of corporate culture,and bring economic benefits for businesses, while they also obtain a huge reward, the two reached a "win-win". In recent years,Harmful effects of false advertisement branded with celebrity is becoming increasingly prominent, and seriously affects the healthy development of economy, the event of "San lu milk" and "SK-â…¡" rendered defects in our legislation on the celebrity engaging in false advertisement exposing to reality little by little, and attracted attentions of Chinese scholars and news media. In this way, the article researches the basic theory related to the tortuous liability and celebrity engaging in false advertisement, analyze the special nature of celebrity in the subject and object, inspects the legal protection on celebrity engaging in false advertisement of the developed countries, accord to the legislative drawbacks in china and finally propose to the concrete measures.The thesis divided into four main Parts:The first Part researches the basic Problems related to the Basic theory of tortuous liability and the concept of celebrity, the definition of false advertisement, the special nature of celebrity engaging in false advertisement, for paving a way to research the tort liability of celebrity;The second Part analyzing the typical event of "SK-â…¡" and the liability of nature of celebrity engaging in false advertising, the article introduce the flooding of celebrity engaging in false advertisement and the harm of celebrity engaging in false advertising, believe that the liability of celebrity engaging in false advertisement attribute to the tortuous liability, as well as put forward this view that the celebrity engaging in false advertisement is a special joint tort after analyzing the perspectives of other scholars above.Then in the third Part of the thesis inspects the legal protection and practice on celebrity engaging in false advertisement of the developed countries, summarizes the foreign legislative experiences expecting to enlighten the relative legislation of our country.The fourth part research on the current legislation on celebrity engaging in false advertisement, analyze its drawbacks, including the liabilities scope of celebrity is too narrow, the tort type and tortuous principle of imputation of celebrity is fuzzy and unknown and advertising monitoring procedures is imperfect.so, the article suggest that putting the celebrities into main scope of tort liability,identifying the tort of celebrity as a special joint tort and with principle of no-fault liability, then establishing the pre-trial and credit mechanism to prevent the flooding of false advertisement via learning from the legislative experience of developed countries for the drawback above.
Keywords/Search Tags:Celebrities, False advertisement, Special joint tort, No-fault liability
PDF Full Text Request
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