The Research On Tort Liability Of Celebrity Engaging In False Advertisement

The phenomenon that a large number of celebrities engaging in false advertising have caused severe damage to the society, so it is must to make the celebrity undertake civilability. The so-called false advertisement t refer to the advertisement owner, person who issued advertisement, conceal the fact by main respect in advertisement on purpose may influence consumer make correct advertisement of decision. The theory basis of undertaking the legal liability for celebrities engaging in false advertising includes the request of further public responsibility for celebrities, principle of good faith, consistence principle of rights and duties, the protective principle of reliance interest.Criterion liability of civilability for the celebrities engaging in false advertising should adopt the principle of fault liability, that is the celebrity who engaging in false advertising has subjective fault, and base on the theory of the principle of fault liability, the distribution of the burden of proof implements the inversion of fault proof burden. The key component of tortuous liability of celebrities engaging in false advertising adopts "four key document theory", that is subjective fault, the behavior celebrities engaging in false advertising is tort, celebrities engaging in false advertising give rise to the facts of damage, there is cause and effect relation between celebrities engaging in false advertising and the facts of damage. The tortious liability pattern of the celebrities engaging in false advertising include oneself liability and joint liability. According to the meaning liaison between celebrities and else advertisement's legal relationship, the liability divided into joint liability and shared liability. The undertaking methods of tort of celebrities engaging in false advertising give first place for compensation for losses, and else undertaking methods is supplement.Through analyzing the legal adjustment statuesque for celebrities engaging in false advertising, we could know its shortage:there is no explicit rule for the false advertising concept and key component, the law didn't bring celebrities into responsibility subject, the adjust object of the "Food Safety Law" is very limited; penalty force is insufficient. Therefore, the specific measures to perfecting the civiliability of celebrities engaging in false advertising including:defining the advertisement intension, adding tortious liability subject of false advertising, i importing punitive damages mechanism, perfecting advertisement censorship, importing expresswarranty system, establishing public interest lawsuit of celebrities engaging in false advertising.