On The Civil Liability Of False Advertising

The market economy is the free economy.lt also is the honest and legal economy. Only in the integrity of the market atmosphere,the market activities is normative and full of vitality. The advertisement play an important role in the market economy,however at present the false advertisemen is proliferating in china.lt serious prejudice to the rights of the consumer and other operators. Deu to false advertisement brought many bad consequences,it need us take effective measures to regulate false advertisement. The legal regulation of false advertising means is the most basic and important means.It must clear the civil liability of false advertisement.The first part of this paper reference to the false advertisement legislation practice and theory of the United States,Canada, Germany and other foreign countries in order to define the concept of false advertising. To give a definition of false advertisement,it must based on China’s current legislation and combine with the situation of our country.From objective illegality of the false advertisement and the consumer’s subjective cognitive,the author thinks that the false advertisement is advertising activity body for the pursuit of the illegal benefit, violating law and misleading consumers.They take action of publicizeing the main information of products falsely,or using fraudulent improper means in the advertising, and those cause or sufficient cause the consumer making mistaken judgment and decision.Based on the concept of false advertising,in order to understand it more clearly,this paper research the character,form and harmfulness about the false advertisement.The second part of this paper research civil liability of false advertisement. On the nature about civil liability of false advertisement,the academic circles has different opinions.The author thinks that encroachment of right is the inherent characteristics of the false advertisement behavior_In a particular situation,the false advertisement behavior constitute the tort liability, and the composition of contracting fault responsibility or the liability for breach of contract.These liability have the force of law.Establishmeng of civil liability of false advertisement behavior of multiple mechanisms are important to consumers, according to their own circumstances to choose suitable what kind of responsibility to give relief. On the subject of civil liability, false advertisement behavior main body includes advertisers, advertising operators, publishers, other participants. The behavior of responsibility body contact mutual, ang their relations are complicated.So we must analysis the main types of, the false advertisement,and make clear its civil liability. Clear the nature of civil liability and the subjects of civil liability is the premise of pursuing civil liability of false advertisement.The third part of this paper spread out discuss on how to bear civil liability of false advertisement. Law of our country make sure that advertisers, advertising agents, announcement, commodity is recommended as the false advertisement behavior main body should assume civil liability for false advertisement. The advertisers.publishers and recommendation of goods’nature of the civil liability is joint civil liability,and it based on the joint tort of advertisers. Therefore, to study the civil liability of false advertisement to assume, in response to civil liability of false advertisement makes a detailed analysis and discuss, and discusses the specific analysis of the false advertisement behavior the main body of the civil responsibility.