An Empirical Study Of Endorser’s Legal Liability In Endorsable Advertisement

In the modern society, commercial advertising as an effective means of informationdissemination, it has affected our lives. We see that endorsements and testimonialsadvertising (Academia named as the testimony of academia advertising, endorsement orrecommendation advertisement) For Endorsements and testimonials ads have specialadvertising effect, so they are able to produce good market effect, and obtain huge economicbenefits, therefore, In a variety of advertising it has occupied a dominant position and hasbeen sought after by advertisers.With the rapid development of China’s market economy,endorsements and testimonials advertising has entered its "golden age," which in the mediaand among the general public has become an important carrier of information transmissionbusiness."Endorsements and testimonials advertising" is not a legal term in the Mainland ofChina (hereinafter referred to as " our country ", in the absence of special circumstancesdescribed in " our country" refer to the Mainland of China),but it islegal terminology used inTaiwan China Province. It refers to a person other than the advertisers (Ad recommend awitness) in their own name in advertising to consumers recommended product or service, orits effectiveness, performance, quality, etc. proof and made and broadcast advertising.Endorsements and testimonials in advertising, advertising recommended witness in his ownname in the ad recommendation to consumers to prove that the behavior of the goods orservices that endorsements and testimonials behavior. In recent years, with endorsementsand testimonials advertiser’s ad called "meat and potatoes " ad recommended professionalwitnesses also showed the trend, at the same time, a false witness recommendedendorsements and testimonials caused the accident also occurred frequently, consumers areagainst advertising the lawsuit also recommended witnesses from scratch, so far, this kind ofsituation is often found in newspapers. Consumers believe that the advertising needs of itswitnesses recommended the endorsements and testimonials in advertising cause damage dueto acts of responsibility for the results, but advertising recommend witnesses do not agree.This comes to advertising endorsements and testimonials responsibility.The so-called advertising endorsements and testimonials responsibility refers advertisingendorsements and testimonials in advertising who make false endorsements and testimonialscause damage liability for damages incurred. Our academic responsibility for advertising endorsements and testimonials are not in dispute involving private responsibility, as towhether they are related law duty is no uniform view. May3,2013Supreme Court andSupreme People’s Procuratorate issued a "food safety hazards in handling criminal cases ofjudicial interpretation," it has raised dispute r the people who endorsement and testimonialsfor commercial ad whether need for endorsements and testimonials liable, especiallyadministrative liability and criminal liability.In reality, although the relevant laws have some relevant requirements, and also thepublic abhorrence for false endorsements and testimonials, but whether the star or any otherrecommendation witness, because of the false endorsements and testimonials have been trulypunished very few. This is a question worth pondering, on the one hand, which affects thesolemnity of the law; On the other hand, the public and those who are not sure endorsementsand testimonials, if you do a false endorsements and testimonials, what exactly should bearlegal responsibility, commitment how much responsibility, by what kind of punishment? Thisobjective also makes endorsements and testimonials by relaxation of vigilance falseendorsements and testimonials. This is not only for those irresponsible endorsements andtestimonials, but is recommended licenser false endorsements and testimonials causeaccidents or even irresponsible public safety incidents. Therefore, we need to study theliability of witnesses recommended endorsements and testimonials in advertising, so as tosolve the confusion of people and witnesses recommended.This article from perspective of endorsements and testimonials in advertising regulationwitnesses liability, This article mainly adopted literature, logical analysis, value analysis andother research methods, supported by case studies and empirical analysis of data analysismethods, the dangers of false endorsements and testimonials and endorsements andtestimonials responsibility will be discussed in detail。This article is divided into four parts.The first part of the burden of proof on the recommendation of the concepts involved inelaborate, introduces the concept of endorsements and testimonials and endorsements andtestimonials advertising categories, recommended basic concepts and categories of witnesses,endorsements and testimonials behavioral concepts and basic connotation.The second part,use the current illegal advertisements report to statistical analysis. Theanalysis finds that the false advertising law not only harmful to our country’s economic，butalso some advertising endanger personal safety, there is great danger; while endorsements and testimonials by those false advertising law plays an important role, so author believe thatshould be investigated for false endorsements and testimonials who recommended the burdenof proof.The third part, from the legal point of view, analysis the false endorsements andtestimonials Responsibility: first introduces the current variety of academic perspectivesresponsibility for false endorsements and testimonials, tort of fraud that tort liability saidother; secondly, by referencing the legal jurisprudence in general obligation elements namely:the main responsibility for illegal acts, consequences of the damage, four aspects of subjectivefault liability false endorsements and testimonials elements, draw false endorsements andtestimonials responsibility is different from the general tort liability, it is a specialresponsibility, accountability in practice the responsibility need to consider the differentsituations were investigated for false endorsements and testimonials by the civil or public lawobligations; finally discussed false endorsements and testimonials of civil and public lawresponsibilities separately.The fourth part, introduce false advertising liability legislation at present situation, andputs forward some suggestions for legislation. In this section, from civil liability、administrative responsibilities and criminal liability three parts, the author give legislativeproposals. on the civil liability of recommendations: expand the scope of subject of civilliability, the punitive compensation system of presumption of fault liability. the administrativeresponsibility system ‘s suggestion: prohibition responsibility and fulfill the responsibilityshould be and at the same time, rather than simply using prohibited responsibility. Finally inthe criminal liability, author suggested: develop the scope of crime ads recommendation in thecrime of false advertising, add the act of false advertising to the objective aspect of the crimeof false advertising, limits on subjective aspect of the crime of false advertising endorsers,leaving space for the act of false advertising is more serious.