False Advertising Spokesperson Civil Liabi Lity

Since the eighties of last century, China’s economic development and social progress achieved impressive results. However, with the deepening of reform and opening up and development of market economy, a lot of negative factors also will take root, is a typical example of false advertising. Especially in the last ten years, the scientific and technological level and the means to progress further accelerate the velocity of propagation of false advertising, false advertising broadens the means of communication, and has intensified the trend.With the prevalence of false advertising, spokesmen had to draw our attention to the problem. Spokesperson phenomenon caused the increase in false advertising endorsements by many factors, I believe that we should ponder the following two points:First, the lack of social integrity throughout this stage, making some spokesmen set integrity disregard for false endorsement; Second, China’s law does not system requirements on the system, it is difficult investigated spokesperson liability. This paper studies the civil liability of false advertising spokesperson from specific cases to analyze the deficiencies of current legislation, and based on their own understanding of the system is proposed to build its civil liability regime.In addition preface and epilogue, a total of three sections.The first part Carina endorsements from cosmetics case, cross endorsements slimming tea case and the case and other daily necessities Guo Pro endorsements typical cases proceed through the draw false advertising spokesperson discussed in judicial practice, the reality does not bear civil liability. Then on the principle of good faith and consistent with the rights and obligations of the principle of seeking obtaining legal basis for civil liability and, ultimately, the responsibility characterized as tort liability.The second part mainly from the existing law on civil liability for false advertising spokesperson system requires expanded. Civil Law, Advertising Law, Consumer Protection Law, Tort Liability Act are not directly regulate the system of food safety law is the only one required by the existing legal system, but because of the narrow scope of application, is not conducive to spokesperson accountability. After an analysis of the existing legal provisions, legal norms can be drawn defects of the system requirements.The third part focuses on measures to build the system. That part of the focus of this article, this article establishes an independent tort of false advertising spokesperson dominant position, and its principles applicable presumption of fault. Elements on tort liability analysis consumers have come to fault, over a certain period of endorsement, did not meet the misunderstanding of advertising rates and exemptions of force majeure, and other related systems were analyzed. For ease of presentation, this paper described as false advertising spokesperson unified voice.