The Research On Civil Liability Of False Advertising Spokesperson

As the only law that clearly defines the civil liability of false advertising spokesperson in China, Food Safety Law reflects our country’s determination of severely punish false advertising spokesperson. However, false advertisement has penetrated into every aspect of our lives. It is obvious that Food Safety Law cannot regulate such kind of advertisments out of food field. By analyzing the views on whether the spokesperson should take the civil liability, it is drawn that the negative group’s view proves not to hold water. The view that the spokesperson is supposed to take the civil liability has its theoretical and practical bases. However, after studying relevant laws in China and foreign countries, it is not difficult to find that there is lack of regulations of civil liability for false advertising spokesperson. Therefore, in order to make up the deficiency of the our country’s law, protect the legitimate rights and interests of consumers, and regulate the endorsement of advertising spokesperson, we should improve Advertising Law and other related laws, clearly define the obligations for advertising spokesperson. What’s more, it is supposed to clearly state the civil liability for the false advertising spokesperson. At the same time, some questions are still to be discussed from an academical point view, such as the imputation principles of the civil liability for the spokesperson, constitutive requirements, responsibility morphology, methods of bearing civil liability and causes of exemptions from the academic viewpoint so on.