Research On Tort Liability Of Celebrity In Mendacious Advertisement

During the process of developing the socialist market economy system in our country, a variety of mendacious advertisements have turned into overrun. Nevertheless, the regulations of our nation actually are so simple on definition and the rules of tort liability of product spokesmen in mendiacious advertisement. In the Law of Food Safety, the spokesmen should bear tort liability if they were involved in mendacious advertisement in food industry. But in commodity market, other than the food industry, there are more industry that mendacious advertisements are existing. And the same problems need legal regulation to maintain the normal market order. The paper focuses on the research of the tort liability of a celebrity product spokesmen in mendacious advertisement. By research on the principle of the system, and drawing on the experience of comparative law, we take the legislation on construction of this institution in our country proposal to our current legal system, because the law involved in this problem is too simple.In addition to the introduction and the conclusion, this paper is composed of four chapters.The first chapter is about the nature of the responsibility----trots, which is made in analyzing the reasonableness of the responsibility of the celebrity who speaks for a mendacious advertisement. Celebrity should take responsibily of tort for the of the This section summarizes the more reasonable of the tort liability than the administrative responsibility and criminal liability .The second chapter is about a deep analysis of the reasonability of the responsibility of a celebrity who speaks for a mendacious advertisement, which is the most difficult of this article. This chapter is devided into three parts. The first and second part are about the reasonablity of the liability: the principles of Reliance and Equity. The third part is learning from the foreign law from the perspective of comparative law to make some inspiration to the formulation of our law.The third chapter is about the elements of tort liablility. We do this mainly from act,default, damage and causal analysis.The forth chapter is about the analysis of the scope and manner of the reponsilibity of celebrity. In my opinion, the celebrity should take the responsibility with the producor for the damage which is taking by the goods or service that is in the endorsement advertisement. After that, the celebrity and the producor bear their own liability under their fault.The fifth chapter is about the reasons for mendacious advertisement and the diffculty to regulate the act of speaking for a mendacious advertisement in our current legal system. In addition to the lack of business ethics for seeking wealth, the most important reason is the absence of our legal system. So, we have to interpretate the existing legal regime for the application is even more important in the situations of he defects in the current law.The concluding section summarizes the final paper and point out the significance of this writing.