The Civil Liability Of False Endorsements In Commercial Advertisements

At present,the construction of socialist modern economy in our country has entered the new normal and new journey,the development trend of all kinds of industries is also more and more swift and violent,but a lot of industry chaos also follows.In the advertising market,in order to improve the sales volume of various products and enhance their market competitiveness,more and more manufacturers and operators of various products adopt advertising marketing strategies endorsed by celebrities.Celebrity endorsement has become the most important advertising method in the current economic society because of its good publicity effect and high speed of communication.At the same time,due to the lack of social responsibility and the lack of self-discipline of individual spokesmen,false endorsements appear frequently and become a serious problem that cannot be ignored in judicial practice.False endorsements not only cause serious damage to the legitimate rights and interests of consumers,but also undermine the stable order of market management,especially at the moment of calling for good faith,and the regulation of false endorsements is urgently needed.At present,the economic development of our country is in the critical period of reform,and the stability of the market order is very important.However,because of that lack and lax of the relevant legal regulation of the endorsement activity in commercial commercial for a long time,the present false endorsements in our country have become more and more numerous,which not only cause serious harm to the protection of the legitimate rights and interests of consumers,but also has a bad influence on the stable market economy order,so that the consumption public is greatly disappointed in the advertising industry in our country.Therefore,the author holds that it is of great theoretical and practical significance to solve the problems such as the lack of law and the lack of supervision in the false endorsement of our country.In the first chapter of this paper,the author starts with the general problems of false endorsements,and then enumerates the representative cases of false endorsements in our judicial practice on the basis of clarifying the concept and main classification of false endorsements,such as the Hou Yaohua Advertising door incident,which could specifically explain the defects and deficiencies in the regulation of false endorsement in our country at present.In the second chapter of this paper,the author introduces the relevant foreign laws on the legal regulation of false spokesmen,which could provide valuable experience for our country to perfect and develop more stable advertising market system in the future.The third chapter introduces the main academic views in the academic circles of our country on whether false spokesmen should bear civil liability,such as"the spokesman has the responsibility" and "the spokesman does not have the responsibility".On the basis of detailed analysis of the main reasons for different views,the author clarifies herself views.In the fourth chapter,the author focuses on the definition of the liability of false spokespersons and clarifies the constituent elements of civil liability of false spokespersons.The author also makes a deeper discussion on the definition and connection between the liability of false spokespersons and the liability of products,at the same time,the definition and connection of the liability of false spokespersons and products are discussed to analyze the concurrence and difference of the two kinds of responsibilities.In the fifth chapter of the article,the author mainly discusses the coordination between the liability of false spokesmen and the existing laws.Through the analysis of the legal provisions on false endorsements in Consumer rights and interests protection law,Food Safety Law and Advertising Law,the author clarifies the bright spots and shortcomings of the provisions on civil liability for false endorsements in China at present,and try to put forward some reasonable suggestions to the existing problems.In this paper,the author focuses on the theoretical and practical significance of this subject to the problem of false endorsements in China.Starting with the general problems of false endorsements,the author deeply analyzes the main problems existing in the relevant fields of our country at present,and puts forward reasonable and feasible suggestions suitable for our country by studying the relevant laws and regulations of foreign countries by means of comparative methods.In order to have a relatively clear exposition of the issue,thus promoting the healthy and prosperous development of the commercial advertising industry in China.