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False Advertising Spokesman For Legal Liability Type Of Build

Posted on:2011-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:M M ZhangFull Text:PDF
GTID:2206360305979549Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Advertising born out of certain economic base,,and economic development to the advertising industry has brought unprecedented opportunities. Past three decades, the rapid development of China's advertising industry, advertising has infiltrated every aspect of life, as an effective means of information dissemination, advertising more and more as we know, the huge social and economic benefits beyond doubt. However, with the rapid development of market economy and increasingly fierce competition, a lot of false advertising also stepped in, filled with our lives. Especially the false ads for its social credibility to deceive, mislead consumers, not only seriously damaged the legitimate rights and interests of consumers, but also to normal caused a serious impact on the socio-economic order has become a hot social issue of common concern. With the endorsement of the phenomenon of false advertising intensified, the spokesman called for the prosecution of false advertising are more and more voices. This article analyzes the behavior of the nature of the endorsements start, draw false endorsers necessity and rationality of independent responsibility, and further analysis of the academic strengths and weaknesses of the existing point of view, the basis of summing up and drawing on the author's conclusions drawn for false advertising spokesperson unique responsibility to set the form - Economic Law, for the future regulation of false advertising spokesman for the legal responsibility to provide a legal basis. This paper is divided into four parts:First, the introduction to this paper, the focus of the problem - whether it be false advertising spokesperson liability. Brief analysis of the existing view that the existing legal system to restrict false advertising spokesperson limitations.This first part of the endorsements from the example of a false start, that the concept of false advertising, on which a definition and discusses the various acts of false endorsements, saying that on the necessity of legal regulation.In the second part focuses on the ads for the reasonable legal responsibility subjects to national legislation and practice. This part of the moral responsibility, principles of civil law and tort liability and other areas should note the false ads for liability, and shows that our current laws on the provision of false advertising spokesmen, and other major developed countries and areas of practice and legislation contrast, the legislation provided for our reference.This third part is to build the type of false advertising liability spokespersons need. First, the right legal and academic perspective to explore the existing analysis and draw their own reasonable elements and irrational elements, proposal of building a spokesman for the type of false advertising liability basis, and made according to different types of goods and services will be false legal obligations endorsers type, that is based on different types of goods and services and consumers the close degree, life and health of consumers is different from the product division for specific products and general merchandise, and according to the classification of goods false advertising spokesperson set the obligations of different sizes.The fourth part is the type of ads for the legal liability system design. This section is the core of the full text. This part of the liability from the type of system design and implementation of both the design of a new responsibility is different from the previous path. The first is the principle of the type of attribution, whereby different design principle of attribution of false advertising spokesperson, making it bear varying degrees of legal responsibility and the responsibility of the type of form. Secondly, in the implementation design of the relevant supporting specific systems, to make up for lack of existing legal system, poor operational deficiencies, and thus better to regulate the behavior of false endorsements.
Keywords/Search Tags:FALSE ADVERTISINGMENT, ENDORSERS, RESPONSIBILITY
PDF Full Text Request
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