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Research On The Infringement Of False Advertisement

Posted on:2018-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:C JinFull Text:PDF
Abstract/Summary:PDF Full Text Request
As a "vane" of economic development,advertising plays a more and more important role in promoting the circulation of commodities.However,in the development of advertising industry,the problems caused by false advertisements are becoming more and more serious.Advertising is the essence of the expression and transmission of a certain artistic exaggeration to the content of the advertisement,false advertising and advertising art expression is the key distinction between the two of the "reasonable artistic exaggeration" standard grasp.The definition of false advertising standards is an important prerequisite for the study of false advertising tort liability.Combined with the general elements of tort liability,tort liability of false advertising in damage established research of causal relationship for rationality analysis of false advertising tort liability elements can effectively avoid the confusion of interpretation and application.Study on the way of sharing internal responsibility and the responsibility of the main causes of infringement of false advertisement product liability and tort liability of false advertising subject overlap when the concurrence of liability cases to the victim choose different remedy trade-offs has important significance.The amendment of the advertisement law has solved many problems,but in judicial practice,what the public pays close attention to is the question of celebrity endorsement false advertisement tort liability.The theoretical basis through the clear subject and celebrity celebrity tort liability,focus on the celebrity endorsement of false advertising principles of tort liability imputation rules and tort liability of celebrity false advertising special exemptions to the celebrity endorsement of false advertising focuses on tort liability.For the false advertising infringement relief in legislation,law enforcement and judicature,especially since many problems in media of false advertising,should strengthen social supervision and review in advance efforts to establish self media platforms and advertising regulatory authorities and celebrities with the dual credit file system.
Keywords/Search Tags:False advertising, Tort liability, Celebrity endorsement, Doctrine of liability fixation, Constitutive requirements
PDF Full Text Request
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