The Research On Civil Liability Of False Advertising Spokesperson

Civil liability for false advertising spokesperson is that the advertisement subject in speak ads violate a duty of care and authenticity obligations, making false propaganda of goods or service quality, composition, performance, usage, origin, etc, or as described in the objective conditions inconsistent with its deception, in order to deceive or mislead consumers and cause damage to legitimate rights and interests of consumers, thus should bear the adverse consequences of the law. China's main law involved in false advertising:"Advertising Law" doesn't provide Civil Liability for false advertising spokesperson; "Food Safety Law" provides only Jointly and severally Liable in the food field, whose scope is prescribed too narrow and principle. Visible, in the legal system, the civil liability for false advertising spokesperson regulation is not clear. In theory, the false advertising spokesperson illegal acts should accord with the general tort to regulating. In the responsibility of qualitative, false advertising spokesperson are undertaken jointly tort liability, rather than the specific product tort liability; in the elements of the responsibility, the false advertising spokesperson should possess the infringement, subjective fault, injury consequence and causality between the infringement and injury consequence; in the form of accountability, false advertising spokesmen bear joint liability, rather than undertake according to the responsibility, added responsibility or not truly joint liability; in the responsibility rule in principle, the applicable rule is the fault-presuming principle, rather than the fault principle or no-fault principles. The civil liability for false advertising spokesperson should be the general co-Tort Liability, and bear joint and several liability for compensation.