On The Personal Endorsement Of False Advertising Liability Study

With the development of market economy, advertising industry has become increasingly prominent role in promoting the national economy, but at the same time, the emergence of a large number of negative ads are increasingly damaging the social trends, affect people's normal life and order.For the consumer, advertising content is accurate and true, and is closely related to the interests of consumers, as consumers demand for commodities is often completely dependent on the operator advertising information released.Moreover, with the ever-changing science and technology, consumer products, production processes and technology, performance, quality problems are becoming increasingly difficult to understand, almost all in commerce and news are controlled by the hands of the operator, which makes consumers remain at a relatively extremely unfavorable position. Pairs of operators, the market economy activities to the principle of fair competition, honesty and trustworthiness, but the false advertising often succeed, those who frequent illegal benefit, making the original honest operators have begun to "restless", in order to improve competitiveness and expand market share, gradually drift with the tide. False advertising has thus become increasingly rampant. However, due to China's economicThe rapid development of society, legislation lags behind, making this phenomenon can not be regulated. The new "Food Safety Law" Despite the successful introduction of a cheering, but it can not solve the problem relative to the current status of the advertising industry in terms of only drop in the bucket. Vague enforcement standards, responsibilities of the main general, "ruthless", the spokesman for the main idea for the special constant state of anxiety ... ... has been news network, focus interviews, economic and a half hours of continuous criticized for Murphy, what should or should not bear the responsibility? What should bear what responsibility? China's "Advertising Law" and the new "Food Safety Law" for his "responsibility to all manufacturers," remarks in the end able to play a regulation making the use?"Food Safety Law" is the most explosive section 55, as well as joint and several liability on the responsibility of the main provisions of the first time into the personal liability of the main body, but also the provisions of the joint and several liability. But we are pleased with this change at the same time, but feel that the Union of Concerned, such a requirement really is the most appropriate? False advertising endorsement whether ordinary people should bear the responsibility? Any endorsement of false advertising should be personal responsibility are the same? Celebrity endorsement of false advertising and false endorsement ordinary people should bear the loss of advertising is the scope of the same? If this is the case, a bit unfair.Ordinary voice in endorsement earnings, endorsement by the impact of the social effects produced by endorsement and celebrity spokespersons are different, even with a big difference, from the perspective of fairness, we can not require different information to them bear the same consequences. On the other hand, according to the rules of tort liability principles, really require all voice regardless of the situation of all jointly and severally liable, is contrary to the intention of the legislators. Legislator's intention is to regulate personal endorsement market, safeguarding the legitimate rights and interests of consumers, rather than for all spokesmen are spare no one, nor is it a last resort to force all manufacturers to use animation as an advertising, because if everyone really did have adopted regardless of the situation of joint and several liability I am afraid no one would dare to advertise a product.Having said that, how do we distinguish between ordinary people and celebrities do? Assume increasing responsibility for celebrity legal basis for then what is it? In my opinion, celebrities bear heavier responsibility is to protect the legal basis of the principle of reasonable reliance, it is because of reasonable reliance on celebrities, which makes the part of the deceived consumers. Consumers to buy celebrity endorsement of products, the purpose is very clear, it is hoped to achieve and celebrities use the same effect, no one in order to achieve the opposite effect and celebrities away to buy a commodity. Therefore, based on reasonable reliance by the behavior of their complementary measures to protect the interests of that is on the expected damages.Different people look forward to the interests of nature is different from the expectations of the interests of celebrities far more than the interests of ordinary people's expectations. The damage to such expectations should receive due compensation.In addition, the proliferation of a variety of advertising today, and there is no clearly defined what is a golden rule of false advertising, what is the real ads, how do we determine which is false advertising? I intended to from the relevant countries and regions of the criteria for determining the false advertising summed up the identification of false advertising for my country, what standards should be.This paper from Hong Kong, Macao, Taiwan, the United States, Australia, Chile, Britain, Canada, Japan and other countries and regions in the regulation of false advertising, combined with China's advertising endorsement of the status quo, trying to multi-level perspective, the definition of false advertising systems analysis, expressions, judging criteria, personal endorsement of the responsibility to "Food Safety Law" Article 55 of the ultimate end-result, and strive for personal endorsement of false advertising issue of liability is given an entirely new way of thinking.