Advertising Spokesperson Hierarchical Construction Of Legal Liability System

The era of commodity economy, the development of the advertising industry flourishing, but that often accompanies a variety of false endorsement door event after another, its root is the endorsement of the serious lack of advertising legal regulation. The relevant laws are endorsers rule out the outside of the legal subject, the long-awaited food safety law "limits the spokesperson for the responsibility in the field of food endorsement. Naked legal blank from the side not only contributed to a false endorsement of arrogance, but also seriously damaged the legitimate rights and interests of consumers,2008, the Sanlu incident even caused a wide range of society a crisis of confidence. This reality of the endorsers liability regulation problem is imminent. The case of academic various simple judgment are insufficient to solve the problem, I tried to integrated the various long to build a structured spokesperson liability system.Endorsers in their advertising activities, using their own community’s attention in its own name, image resources, or practical experience to know the advantages of commodities subjective information, directly or indirectly, to sell goods or services to consumers. Its special features, and its endorsement basis and acts of nature, the settings must be equally complex, careful of their legal obligations. Influencing factors and their responsibilities in the consumer market situation in China, the advertising industry development status, these four aspects of the spokesmen of their own factors and advertising nature of the product are also different. The role of the spokesperson in the ad and the subjective participation of the different spokespersons can be divided into four categories, combined with the degree of fault of the endorsers, the factors of social harm and the nature of advertising products, on the one hand, the spokesman for the different types of settings at different levels and extent of statutory obligations-basic obligations and special obligations; the other hand, determine a false endorsement of acts of infringement liability based on the nature, the spokesmen of the different types using different imputation principle, and some do not bear tort liability, and some use of the fault. The principle of presumption of imputation, there are still some need to adopt the principle of fault attributable. In addition, the spokesman for the joint nature of the responsibility should be to supplement the joint and several liability. At this point, a relatively complete civil liability mechanisms of accountability began to take shape. Finally, through civil liability, administrative responsibility and criminal liability for the three form of liability, integrated links, layer set, building up a both a behavior guidance and accountability spokesman for legal responsibility of the hierarchical system. The system can guarantee the effective civil remedies for consumers suffered damage to persons or property, but also administrative penalties and even criminal sanctions for false advertising spokesperson constrain; both contain false endorsements behavior, but also ensures that not overly deprived of the legitimate rights of the endorsers.In summary, the endorsers level of the liability system entails the establishment of in-depth analysis of the development status of China’s consumer market and the advertising industry on the basis of the definition of the concept of endorsers and multi-angle, multi-level classification, and detailed analysis the different responsibilities of the endorsement behavior influencing factors, to set different levels of rights and obligations of configuration and the principle of imputation, the specific application of civil liability, administrative responsibility and criminal liability three mutual accountability between the form of connection with the formation of the spokesperson liability regulation the complete architecture.