Reserch On Spokesperson Legal Liability For Deceptive Advertising

In recent years, with the rapid development of the socio-economic and social progress, advertising asa kind of unique marketing methods, has become the product market promotion for sellers means. At thesame time, advertising is becoming one of the most important ways to provide goods and service for mostof consumers. With the increasingly intense competition, melt advertising industry develops from theinitial single words to today’s high prices propaganda employ social popularity of experts or celebrity tospeak for the product, its diversity and the new forms of expression is endless. However, a large numbersof false advertising is entering our life. Especially false spokespersons use their popularity and the socialpublic credit to mislead consumers. This kind of behavior is not only seriously damage the legal rights andinterests of consumers, but also for normal social economic order bring serious impact. This phenomenonhas become the hot issue which is focused by the public. In China’s current "advertisement law","consumer rights and interests protection law","the anti-unfair competition law" and "civil law" is notabout the legal responsibility of the spokesperson made specific provision, only the law of the People’sRepublic food safety clear the false spokesperson in the food field shall bear joint and several liability andthe advertising supervision department also lack a corresponding system. Therefore, the false spokespersonthe legal responsibility of the problems has certain theoretical and practical significance.This article first to "gong li, pu cunxin endorsement ha medicine six factory cover medium covercase" and "feng xiaogang hers a real estate company building project case" for the lead, the decision resultsfrom the case, the paper analyses the current "advertisement law" and related advertising laws of falseadvertising spokesperson for the lack of legal liability regulations, and discusses the false endorsements behavior of the harm of the specific performance. Secondly introduced false spokesperson said the legalanalysis of the legal responsibility, the academic circle on false spokesperson whether they should takeresponsibility for the two very different points of view, and also makes a concrete evaluation; Meanwhile,legal basis, and points out that the false spokesperson bear false advertising, the theoretical basis of thelegal responsibility, and analyzes the false spokesperson should bear the legal responsibility. Again,comparative analysis of the two common main representative national celebrity speak legal regulation ofthe present situation, the paper discusses the practices and experiences of other countries, for our countryaccording to legal liabilities of false spokesperson legislation for reference. Then according to the currentour country false spokesperson legal responsibility system legislative situation, analyses the falseendorsements of the legal regulations and its defects and deficiencies. At last, according to the regulationof our country’s legal put forward as the deficiency of, foreign false endorsements of the legal regulationsof experience, the authors put forward legislation and law enforcement level, social morals education levellevel to perfect our country’s endorsements system suggestion.