On Endorsers Joint Responsibility

The latest revision of the "Advertising Law" since September 1, 2015 implementation.The author of the new "Advertising Law" the study and analysis, as well as visits to the practice of false endorsement phenomenon that exists in their jointly and severally liable for civil liability in the main chapter on advertising endorsers legislation a little inadequate.The new "Advertising Law" endorsers joint and several liability regime that may exist shortcomings are: not to distinguish between false advertising and false endorsement, false advertising is still recognized as a precondition to determine whether endorsers jointly and severally liable; in practice, "relations life and health " standard lead judges to deal with the ambiguity of false endorsement cases difficult problem of how to choose the principles of responsibility; legislation, jointly and severally liable endorsers applicable no-fault liability is reasonable questions; justice, endorsers duty of care how the content of judgment.For the problems identified, the paper endorsers joint and several liability constitutes the framework of the full text of consul-general, focus jointly and severally liable for the theoretical basis disputed advertising spokesman, jointly and severally liable endorsers identification which apply the principle of attribution selection and endorsers fault identification and fulfill the duty of care issue, the three main issues to analyze, discuss.The process of writing the article the use of advertising, communication and tort law and the basic theory on these issues from a theoretical situation, improve legislation, judicial practice applicable angles each analysis and demonstration, and finally the following conclusions:First, the endorsers false endorsement, causing consumer harm, it shall bear joint and several liability of the theoretical basis and the advertiser is contributory infringement theory;Second,false advertising and false endorsement reality distinction, legislation should establish a false endorsement identified as the core of the joint and several liability endorsers constituent elements of the legislative model, abandon the false advertising based on the method of identification recognized endorsers joint liability;Third, advertising spokesman jointly and severally liable for we shall not be applicable no-fault liability to be identified, the presumption of fault liability as an advertising spokesman for the principle of joint and several liability imputation can while protecting the legitimateinterests of consumers, both endorsers "freedom of action";Fourth, whether advertising spokesperson jointly and severally liable, the key lies in the existence of fault behavior of false endorsement, that endorsers is prudent to fulfill duty of care appropriate content.