Research On China’s Advertising Endorser’s Legal Responsibility

The rapid development of the market economy has brought a thriving advertising business, but the market is profit-driven and hysteresis, the advertising industry has also led to a lot of chaos. Especially in recent years, false celebrity endorsements and testimonials triggered judicial dispute one after another, causing the public property and personal losses, threatening the public interest, affecting the healthy development of the advertising industry. However, our advertising endorsements and testimonials related laws have gaps, until 2014 finally ushered the modify of "People’s Republic of China Advertising Law". It is for the first time established the "advertising endorsers" independent legal status, behavior of endorsements and testimonials in advertising regulation finally have legal protection, which is the background of this article produced. This modification is not perfect, however there are still some problems. Further improve the legal regulation of endorsements and testimonials in advertising, to achieve the protection of consumer rights from the law is the purpose of this article.. Specific contents are as follows:The first is the introduction, overview on the topics that the source of meaning, current reserach, theoretical innovation and research methods.The first chapter is the advertising endorsements and testimonials conduct legal analysis. Summary of endorsements and testimonials in advertising the meaning, characteristics and functions, defining the nature of the behavior of endorsements and testimonials in advertising, demostrating advertising endorsements and testimonials behavior is commercial activity, which is the theoretical innovation of this paper and foundation of legal liability.The second chapter indentified endorsements and testimonials in advertising and illegal endorsements and testimonials in form of case studies, then the logical justification of legal liability.The third chapter is advertising endorsements and testimonials of foreign legal systems, include the United States, Canada and Japan, these three regions has its own characteristics, has reference to improve China’s legal system.The fourth chapter is current legislation and improvement, summaryof China’s current legislative status and put forward five points: develop specific legal norms, define endorsers’ obligations and rights, distinguish reasonable consumers trust, conditional punitive compensation to increase illegal cost, increase public law responsibility.