Research On The Legal Issues Of False Advertisements Delict

The advertisement is an important way that the consumer realizes the product quality. The advertisement's information should be real, accurate. It should not deceive and mislead the consumer. Actually the false advertisement behavior frequently occurs. The regulation of false advertisement has an important role for the protection of the legitimate rights and interests of consumers, maintaining good market order. There are many problems for the regulation of false advertising. We need to study further.The false Advertisement should be limit from these two aspects, the prohibition of advertiser specific behavior and the consumer's cognition. The prohibition of advertiser specific behavior mainly is whether the advertisement behavior has violated the related advertisement laws and regulations compulsory stipulation. The consumer's cognition mainly is whether the advertisement deceives, mislead the consumer, and make the consumer subjectively misunderstand the product quality, the performance and so on of advertisement product. Consumer's subjective understanding has two kinds of standards, "the fool standard" and "the fair standard". Our country is the harder-hit area of false advertisement and we should adopt "the fool standard". Limiting the false advertisement does not need both the subjective aspect and objective aspect. So long as having one, we could recognize for the false advertisement.It is the hot topic whether the advertising endorser's behalf of the false advertisement belongs to the false advertisement behavior. Subjectively, the advertising endorser realizes the promotion effect of their behavior. Objectively, the advertising endorser's behavior is an essential constituent part of advertisement. This article believed that the advertising endorser should discreetly handle their advertisement behavior, undertakes responsibility which must undertake. The advertising endorser's behavior could be divided into four kinds:Strengthened attention behavior, direct sales promotion behavior, propaganda effect behavior, certificate effect behavior. We should make a difference between those behaviors.Criterion of liability is the command and the soul of tort law. Fault liability, Liability without Fault, Equitable Liability constitutes the responsibility principle system of our country. The subject of false advertisement applies to fault liability. But their mistake onus probandi aspect is different. The advertisement operator, the promulgator and the presenter apply to fault liability. The advertisers apply to the fault liability and undertake the onus probandi oneself. The advertising endorser needs to undertake the stricter attention duty, undertake the burden of proof for their innocence.The causal relation in the tort law should be that the causal relation between the harm of victim's person and property and the tort. There are many theories affirming the causal relation:condition theory, cause theory, the adequacy theory, and normschutzzweck. Our theory was mainly profits from the adequacy theory of civil law system. The Judgment of Causal relation could be divided into two steps. The first step is the "condition relations" judgment. The second step is the causal relation judgment in the law. After fact causal relation judgment, we need to judge whether the reason may turn over to the responsibility and determine the equivalence of the causal relation. But the present causal relation theory needs to innovate in the false advertisement domain, in order to adapt the new situation.The civil liability for false advertisement include compensation for loss,stopping to violate,removing influence and apologies. The compensation loss is the main compensate way. It is refers to the author created the harm for other people, should pay for the damage by their property and causing victim's right to the condition before. In the consideration of the quota of compensation for loss, we must insist Full compensation; property compensation; gains and losses balance each other; contributory negligence. The false advertisement author's illegal cost and the income disparity are unequal; the governor often fails to prohibit the false advertisement from occurring repeatedly. We should introduce the punitive damages system. Hoping that this article has a benefit to ours false advertisement legislation and the practice.