Research On Tort Liability Of Product Spokesmen

Sanlu milk powder incident in the well-known to the public personal property caused significant damage, and ultimately the the Sanlu milk plant due to the majority of victims of compensation lead to insolvency and bankruptcy. As product spokesperson stars because there is no legal basis and escape legal sanctions, makes the majority of the victims can not claim.Thus contributing to a spokesperson regardless of personal and property interests of consumers consider wanton endorsement of the product advertising, in pursuit of the high cost of the endorsement, thereby increasing the factors of disharmony among the society. Therefore, the Tort Liability Act, products spokesperson tort liability, to make specific provisions to provide a legal basis for the subsequent infringement cases.Starting from the "Tort Liability Act," Food Safety Law.and other relevant laws and regulations, to explore the product spokesperson tort liability.The first part of the departure from the case in the judicial practice, summarized the existing problems in the trial practice. Pointed out that the ultimate cause of the Tort Liability Act does not make it clear that the product spokesperson infringement as general tort mode included in the Tort Liability Act.Second part of the analysis spokesperson constituent elements of tort liability from a legal point of view, from the the general tort point of view including spokesman for the implementation of the infringement, abuse of consumers, a causal relationship between the two, subjective fault of the presence of four aspects. Spokesperson Tort Liability Principle applicable burden of proof fault Liability the principle spokesperson Tort Liability including joint and several liability and responsibility by shares, followed by analysis of the scope of compensation and exonerations spokesperson infringement. The third part from different angles reasonable suggestions to improve the product spokesperson infringement, including the include spokesperson infringement in the Tort Liability Act, the establishment of the advertisers deposit system, improve the endorsement before the pre-trial system, advertising typed to determine tort liability, the introduction of representativefive aspects of the litigation system. With the guiding role of theory put forward recommendations in order to achieve the purpose of reducing the scale of spokesperson infringement cases occurred.