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The Thinking Of Joint And Several Obligation Offalse Adversting Spokesperson

Posted on:2014-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:M Q HuFull Text:PDF
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In today’s rapid economic development, commercial advertising as a specialmode of information transmission has been booming. In the high—speed economicdevelopment and increasingly competition’s circumstances, a lot of falseadvertisements began to appear. Advertising spokesperson used its credibility andinfluence to endorse false advertisements. Deceiving and misleading consumers notonly harmed the lawful rights of consumers, but also disrupted the normal order ofmarket economy. Endorsement of false advertisement is often happened in real life.The case of accusing its false advertising spokesperson to bear civil liability is alsonot in the minority. But as the legal regulation of civil liability for false advertisingspokesperson is still not perfect, such cases often ended in consumers ’ failure finally.Based on this, the problem of false advertising spokesperson whether should bearcivil liability and assume what responsibility becomes a hot issue of common concern.Under the background of this phenomenon, the study of joint and several liabilitiesfor false advertising spokesperson has certain theoretical and practical significance.Except for introduction and conclusion, this article has four chapters.Chapter1is overview of the concept and characteristic of deceptiveadvertisement and spokesman of the advertisement. After that it analyzes the functionof the spokesman in deceptive advertising.Chapter2analyzes the joint liability basis of spokesman in deceptiveadvertisement.First it introduces the debate of defective advertisement spokesperson’sliability forms,then it analyzes the basis why the spokesman should take jointliability through multi-dimensional learning angle.Chapter2is also emphasis.Chapter3limits the defective advertisements spokesperson’s joint liability trough several angle and puts forward the requirements for spokesman’s joint liability onreasonable restrictive analysis.Chapter4constructs supporting system for defective advertisementspokesperson’s joint liability, including consumer public welfare lawsuit system,product liability insurance system,endorsement for the record and the advertisingspokesperson’s credit rating system. Trough constructing the system,complete reliefsystem for the spokesman’s joint liability.In this study, there are such innovations. First, limiting the spokesman’s jointliability reasonably as well as requiring them to be jointly liable. In this way, we notonly can protect the consumers’ rights, but also avoid leading the spokesman to beartoo harsh liability. Second, determing the spokesman’s joint liability,at the same time,putting forward the construction of supporting system.As we know, legislation isimportant, enforcement is also can not be ignored. Constructing of supporting systemis to enforce the statute which has been formulated.
Keywords/Search Tags:False advertising, advertising spokesman, joint and several liability, consumer
PDF Full Text Request
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