The Tort Of False Advertising

With the development of market economy, advertising is already brimming with every corner of our lives. Now publicizing products and services through the advertising campaign, has become one of the most efficient information dissemination means. But because of the fierce competitiona and law lagging and fuzziness, make the infringement of false advertising spread and seriously damaged the legitimate rights and interests of consumers. The provisions for false advertisement of our country has many loopholes, existing laws has been difficult to protect consumers' rights, therefore, to discuss the legal responsibility of false advertising is extremely necessary.Except preface and conclusions,This article has five chapter:The first chapter discuss the cognizance of false advertising and tort liability. For what is false advertising, the law of our country did not make a clear regulation and how to determine an advertisement for the false advertising has no uniform standards. This paper argues that we need to determined false advertising from the subjective and objective aspects. The legal responsibility of false advertising tort is various, this paper only refers to the tort liability of false advertising. In addition, the chapter also focuses on the problem of tort liability of celebrity engaging in false advertising.The second chapter is about tortous principle of imputation of false advertisement. The advertisers and AD spokesperson should be suitable for fault-presuming liability principle because of its subjective fault is hard to judge, and also can reduce the burden of victims. Advertising agents and advertisement publishers still apply traditional fault liability principle, because the law clearly specifies its corresponding review obligation, and in false advertising they only play an auxiliary function.The chapter three discusses the components of the false advertising infringement, minly disscusses illegal behavior, damage the facts, causal relationships and fault four elements. The fourth chapter is about the bearing of tort liability of false advertising. Firstly, discussing the subjects of infringement of false advertisings, then minly discussed the main bear way--damages, elaborated the limitations of homogeneous compensation for infringement of false advertisings, claims punitive compensation should be adopted to protect consumers' rights.The last chapter discusses the current shortage of provisions of false advertising. The paper claims that we should expand the subject of false advertisement, the advertisers and AD spokesperson apply to the principle of fault-presuming liability and improve the corresponding compensation system. Under the precondition of maintaining the market order, protecting the legitimate rights and interests of consumers.Through the literature research and practice the survey's methodology, this article only disscusses the tort liability of false advertising. Tort liability has the functions of relief and the punishment, relative to other legal regulating methods, has its own advantage. This paper argues that the false advertising constitute infringement. As the widespread of false advertising, appropriate adopting punitive compensation to the infringement of false advertising can effectivly prevent the spread of false advertising. For current hot problem, the civile libility of celebrity engaging in false advertisement, this paper argues that its also constitute infringement.