Liability Of Falseendorsers Perfection

Rapid developing market economyof our country today makes the marketmore competitive, advertising as a form of economic activity that need operators to participate in market competition is playing an increasingly large role, television, computer, mobile phone, as well as various advertising on outdoor plaque, advertising effect our lives profoundly with a unique manifestation form, our food, clothing, shelter and transportation all have linkage with advertising. Rapid development of the advertising industry is promotingadvocacy advertising industry as a new industry, as advertising spokesperson, celebrity endorsers, stars, experts as well as typical consumers provide product advertising or provide for operator with their appeal, professionalism, and reliability of similarity, and they will also get some advertising endorsement fees. However, due to inadequate legal liabilityof early socialist market economy stage for the advertisingindustry, and legal liability of false advertising spokesperson construction is still not perfect, so there is big loophole for practice on the regulation of false advertising endorsements behavior, all the situation above are resulting in false advertising endorsement behavior appeared frequently, in order to obtain the appropriate fee, some endorsers misuse consumers’trust on her/him to perform false advertising endorsements, which not only a serious violation of the legitimate rights and interests of consumers, but also seriously affect the normal marketeconomic order.In this paper, the liability of false advertising spokesperson discussion is divided into four chapters, the first chapter is false endorsement behavior overview which introduces the concept, features, manifestations and constituent elements of false advertising,, then the paper analyzes harm of false endorsements,as false endorsements is harmful on social and economic, so false advertisingspokesmen held liable for better regulation of false advertising endorsements behavior; the second chapter analyzes related legislation and problems of countryon false advertising spokesperson liability. Firstly summarized the liability legislation of "Advertising Law","Food Safety Law","Consumer Protection Law"on false advertising spokesperson, then through analysis of existing legal provisions and combine these realities summed up provision problems of our liability on for false advertising spokesperson; the third chapter is written about national (regional) legal liability forfalse advertising spokesperson legislative and learn the value of the United States, France, Japan, Taiwan, four representative countries (regions) for false advertising spokesperson liability related legislation, with the current legislation comparison, summarized these countries false advertising spokesperson liability legislation in terms of what our country should learn from the place; the fourth chapter introduces aapproach that can complete advertising spokesperson liability of our country on the reference of second and third part of our existence problems and abroad worth us to learn, this paper mainly focuses on several aspects to discuss the method to improve our false advertising spokesperson liability,these aspects include complete civil liability legislation of false advertisingspokesperson, build false advertising spokesperson administrative responsibilities,legislative provision for false advertising spokesmen held criminally responsible,provision of false advertising spokesmen exemptions. There are two innovation points of this paper, one is to build comprehensive criminal liability for false advertising spokesperson from the civil, administrative as well as criminal aspects; The other innovation point is to focus on detailed method of false advertising spokesperson for bearing the administrative responsibility.False advertising spokesperson legal liability issues have strong theoretical and practical characters, this paper adopts case studies, literature studies, comparative analysis as well as qualitative analysis method, through actual case studies and surveys to obtain relevant literature, it takes the research of false endorsements behavior as base and legal responsibility establishment of false advertising spokesperson as aim to perform comprehensive analysis of the relevant literature, and compare the relevant provisions of national and regional legislation horizontally, it analysis the statutory obligation status and loophole of false advertising spokesperson status and finally provide recommendations that can complete set of false advertising spokesperson liability.