The Analyses Of False Advertisement Publishers’ Legal Responsibility In Our Country

The famous French advertising commentator Robert grand said:" the air we breathe, itis composed of nitrogen, oxygen and advertising. Commercial advertisements have filled inall aspects of life, and profoundly affect our consumptive idea. However, at the same time,false advertising is also suitable for the occasion in the cracks emerge as the times require,gradually from the original individual phenomenon to the development of today’s rampant,seriously hindering the effective operation of market competition order and infringing uponthe lawful rights and interests of consumers. And in the new situation, the false advertisementhas presented new characteristics and phenomena. These characteristics are: the first, radio,TV, magazines and newspapers as the main mass media is the main focus of false advertising.There are approximately2/3of the false advertising is the mass media release, it is thenumber, the harm of the. Second, false advertising content more deceptive and hiddencharacteristics, these characteristics also make the supervision and review the difficulty. Atpresent, due to the increasing number and variety of goods, similar to edge ball, surfacemapping and infringement advertisement gradually increased, usually the ads are carefullydesigned and public relations, it is often difficult to find which Maoni before release. Third,false advertising mainly in medicine, digital products and other consumer goods with less onunderstanding. Because like drugs and digital technology products such as implied this largenumber of science and technology and principle, the general consumers have no ability todiscern, and false advertising is main flood disaster. Fourth, false advertising carrier graduallyby the local small medium to large level or even a central media evolution. Previous falseadvertisement more appear in county level TV and newspapers, radiation and the effect oflimited scope, harm degree is relatively light; now the false advertising in each provincialnewspapers and television stations, even in the CCTV and other national media such as thegrow in quantity, make the scope of the radiation and harm degree increase substantially. Infifth, along with the development and popularization of Internet, network has already becomethe trend of false advertising, is expected to become the rapid development of China’s firstlarge false advertisement carrier. Of course, this and our country at present the rapiddevelopment of Internet shopping and network supervision of construction lag has the very big relations. The last feature is the most severe, with advances in technology, mediacommunication speed, false advertising harm has unlimited expansion. Regardless of thepolitical, economic, and social life will cause serious harm. Therefore, this is why we shouldstudy the reason of false advertising.Of course, with false advertising generated is emerge in an endless stream advertisingviolations and competitive order of the market failure, we usually held the advertisers is thelegal responsibility of advertising, and legal liability of less. We know, in the process of falseadvertising, advertisers and publishers are usually at the chain ends, advertisement advocateundertake false advertising brew and start point, if no advertisers are there will be noadvertising, and advertising to undertake the final release link, therefore, no advertisingpersons, advertising will not meet with consumers, two links are indispensable to the falseadvertisement, should the tort behavior accord with legal liability, and not just for advertisersliability and ignore the advertisement publishers should bear the legal liability.Reality and of advertising legal responsibility weak echoes is the law of advertising onthe single subject study on the legal liability of the weak and even blank. Academic circlespay close attention to more is false advertising control integrity and macro study, but somelearn to the false advertisement recommendation system has certain research, but overall thefalse advertisement legal liability research is still relatively little. In fact, if we pass from theperspective of jurisprudence, economics and administrative aspects of false advertisement,destructive and harmfulness can know, for false advertising on the legal responsibility is fullof necessity and rationality. In this paper the causes of false advertising, false advertising lawresponsibility to carry on systematic research, at the same time, in draw lessons from foreignadvanced experience foundation, proposed suits our country national condition the advertisinglegal liability system conception.