On The Legal Regulation Of Commercial Advertisement

Coupled with the development of social economy and information popularity, commercial advertisement has embraced the unprecedented prosperity. Commercial ad has influenced people on consumption concept, living styles and value orientation when it carries commercial information. In order to build up a good brand image and to realize commercial profit and social profit, companies would like to choose the elites to be the brand spokesmen. However, choosing the elites can be the two sides of one coin: on one hand, the elites can attract many people for the brands by their charm; on the other hand, false advertising of the elites has become a social issue because of the high commercial return. In recent years, the scandals of spokesmen and false advertising have triggered a fierce social response, such as Ke Zhendong, an actor arrested for using drugs. Provided that the elites try to obtain profits for themselves by sacrificing customers’ benefits, the customers have the right to call to account of the spokesmen. Therefore, legal system has the obligation to guarantee the customers’ benefits.Commercial ad is a way of information spreading to stand the national cultural concept and it is a milestone in the development of economy. However, there are institutional defects in current legal system about advertisement in China so that there is lacking of the legal system corresponding to the false advertising. In order to solve the problems about this situation, this paper analyses the reasons of false advertising, discusses the legal liability and status of the brand spokesmen, takes examples by the overseas legal system and experience, and makes efforts to give suggestions on how to improve the legal system of spokesmen advertising in China.