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Research On The Identification Of The Tort Liability Of The Advertising Spokesperson

Posted on:2018-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:M L LiFull Text:PDF
GTID:2356330518992078Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of economy in our country, commercial advertising have reached unprecedented boom. Commercial advertising that conveys the corporate culture and corporate image is the powerful tool for product publicity of enterprise. In a wide variety of commercial advertising, hiring spokesman especially the endorsement of a celebrity spokesman for publicity or for corporate image is more attractive than other advertising. Advertising audience prefer to choose the company's products out of trust for spokesman. This is also the roots of spokesman exaggerating propaganda or false advertising to pursue interests only. The resulting problems also have been under the spotlight with endorsement advertising develop rapidly .Spokesman for false advertising behavior is widely criticized since the "sanlu milk powder incident" in 2008. So China's relevant laws are promulgated to regulate this kind of chaos . The new "advertisement law" that the public anticipated has already started on September 1, 2015. The law includes with the most common problems in the practice,especially the most serious natural person into the legal regulation. And Corresponds to the relevant provisions between "consumers' rights and interests protection act" and the new "food safety law". so far,China's advertising spokesman responsibility system preliminary established.Although the introduction of relevant laws restrains the wanton illegal act of false advertising spokesman To a certain extent, get rid of the plight that there is no laws to basis about legal liability for false advertising spokesman. However, it is a pity that the relevant laws are not well implemented in practice due to the problem of determination of the spokesman's responsibility. So there are few cases about advertising spokesmen undertake legal liabilities for their false endorsement.This paper discusses the legal foundation about tort liability of advertising spokesman based on the new "advertisement law" that establish the tort liability system, as well as the related theories of the basic principles of civil law and tort law,and especially discusses the series of standards of the tort liability of spokesperson.Face to the responsibility identification problems in practice of spokesman, around the tort liability of four elements, the spokesman for subject, tort, subjective fault, causal relationship that provides a reference, Especially system analyzed the identification of the spokesman after the new "advertisement law". Aiming at many controversial points in practice the author also puts forward the solution.
Keywords/Search Tags:advertising spokesman, false endorsements, tort liability, identification
PDF Full Text Request
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