Research On The Legal Responsibility For False Advertising Spokesperson

Advertising, as an important commodity marketing and means of publicity in the modern times, developing with the prosperity of commodity economy gradually, now has spread to all aspects of people’s life, has become an important component of people’s daily life. The real prosperity and development of China advertising industry is after the reform and opening up. With the gradual establishment and perfection of socialist market economic system providing an unprecedented good environment to China’s commodity economy development, social economic level also achieving a qualitative leap, the factory managers, enterprise managers changed their propaganda concept of the products and service in daily management, and paid more attention to products and services propaganda than any previous time. The social public figures, entertainers, industry experts, etc have increasingly drawn each big company, enterprise’s attention in the propaganda of products and services. Spokesperson’s popularity and social influence brought generous benefits to the enterprise. Enterprise has profit chasing characteristics, therefore, in real life there may be some illegal businessmen exaggerating the product and propagandizing it falsely for temporary economic benefit. What’s more the advertising legislation started relatively late in our country and the related rule system remains to be further perfect, which provided lawbreakers chances, making the situation worse and worse in recent years. False advertising seriously damages the legitimate interests of consumers, constituting a serious threat to consumers’personal safety and property right, seriously dampened the sense of trust of the social public to the advertising, which is unfavorable to the normal operation of the market order. The false propaganda behavior also seriously damages the interests of the other legitimate operators, restrict the healthy development of the market economy in our country.At present, responsibility system framework about false advertising in our country has been formed, but still lack the legal liability regulation directing at false advertising spokesperson, which leads to the not law-based situation in case of handing when advertising spokesperson as one of the participants behavior of false propaganda malpractice and do harm to consumers’legal interests or bring about adverse social impact. The whole law enforcement shows a lot of passivity.What’s more, supervision and management system about false advertising in our country is not perfect, leading to greater vulnerability and the insufficiency about the false endorsements supervision in practice. This article discusses deeply the existing problems and put forward suggestions from the aspects of legal perfect, system construction and supervision and management.As for the research design, this paper begins from false advertising spokesperson and other related conceptions, consulting a large number of books, newspapers and literature data on the connotation of the false advertisement spokesperson through literature research, makes a deep understanding and analysis of the false endorsement of the behavior characteristics, specifies the legal responsibility formation of the false advertising spokesperson, and argues about theoretical basis of the legal responsibility the false advertising spokesman shall bear on the basis of the in the integration of the current law related social theories and practice situation. Secondly, by investigating the regulation and law of false advertising in foreign economic developed countries through the method of comparison analysis, which was compared with the present legal liability legislation on false advertisement in our country, we analyzed the beneficial reference. At last, by the method of the theory with practice, under the guidance of a relatively scientific and rational theory system, and combining with China’s realistic condition on current false advertising spokesperson legal responsibility, we put forward the improvement perfect proposal, and hope to provide reasonable reference to false advertising spokesperson liability legislation in our countryThis paper discussed the false advertising spokesperson legal liability research mainly from five aspects. The first part introduces the theory of false advertising spokesperson, defining the connotation of the false advertisement, analyzing the characteristics of false spokesman behavior from the four aspects of subject, means, content and result, and making a description of the components and exceptions of the false advertisement legal responsibility. The second part is mainly the theory foundation why false advertising spokesman shall bear legal responsibility, with analysis from the aspects of the theoretical basis and practical necessity. The responsibility of false advertising spokesperson is the objective requirement of legal value, the basic principle civil law and adjustment target of the economic law, at the same time the realistic need to safeguard the legitimate rights of the consumers and the market order, and the inevitable choice to regulate the flood of false advertisement.The third part is enlightenment from foreign relevant regulations. Mainly focusing on the analysis of legislation systems are relatively mature, such as United States, Britain, France and Japan, through the mutual contrast we point out the experience that we can learn from foreign advanced system to change the present situation of relatively backward supervision in our country.The fourth part is mainly analyzing the present situation of legal liability system for the false advertising spokesperson in our country, pointing out the shortcomings of laws and regulations, and analyzed and discussed the current problems from the aspects of the fuzzy definition of false advertising, unclear legal responsibility of the spokesperson, low cost of illegal behaviors and unclear regulatory power of the authority.The fifth part is the existing problems at present in China. We put forward legislative suggestions from the aspects of perfect civil responsibility, administrative responsibility and criminal responsibility, perfect accountability system from the aspects of the strict advertisement examination and the introduction of punitive compensation mechanism, and finally make the corresponding proposal from the point of view of perfecting supervision mechanism.