On The Protection Of Children's Rights And Interests Of Commercial Advertisements

In recent years,with the popularity of parent-child reality shows,more and more child stars appear on the TV screen.And advertisers also see the prospect of children's endorsement,have let children to join the ranks of endorsement,a time children's advertising on the rush.However,the legal issues behind the endorsement of children cause us to think deeply.Children in the endorsement,advertisers blindly pursuing economic benefits,not only will face as a spoke for adult children,even let them continuously work,rest time could not guarantee,children face the serious damage to health of body and mind,even their guardians to treat them as tools of making money,due to the lack of legislation,the rights and interests of children's spokesman did not get good protection.Therefore,in order to protect the legitimate rights and interests of children spokespersons,the advertising law was revised in April 2015 to limit the age of children spokespersons,that is,"minors under the age of 10 shall not engage in commercial advertising.However,whether the strict legal norms can effectively protect the legitimate rights and interests of children spokespersons is worth our consideration.Through the study of the current situation of legislation on the protection of the rights and interests of children's spokespersons in commercial advertisements in China,it is not difficult to find that the protection of the rights and interests of children's spokespersons in China is not perfect enough,and there are still some problems,including problems in legislation and judicial practice.Endorsements on legislation to ban children based on the boundaries of "ten years" is debatable,sponsorship and advertising performance because there is no clear legal explanation,cause children face with children the cognizance of the performers are divided,endorsements for children in China is just only made under the age of twenty-one words directly forbidden,no operational regulation,children in the endorsement,the personal rights and property rights and interests protection also is not involved,the rights and interests of face constantly abused in children.And most importantly,in terms of children's spokespersons,since there is no clear legal provision to make clear provisions on the way of liability bearing in the case of infringement caused by children's spokespersons,resulting in excessive civil liability borne by children's spokespersons,which is not conducive to the protection of children's spokespersons'rights and interests.The imperfection of legislation leads to conflicts in the application of law in judicial practice.Some people even speak in the name of performing contract to avoid legal liability.There are still various difficulties in seeking judicial relief for children spokespersons.In developed countries,Britain and America,for example,found that overseas for better protection of the rights and interests of the representative of children,their children through legislation endorsement of working hours,working place,type of work and so on has carried on the detailed provisions,and need to work after the relevant departments to apply for permission to speak,the Anglo-American law system of the United States also through "the library root method" to establish a trust account,maximum protect the property rights and interests of children's spokesperson,regulating the child sponsorship,these are worth our using for reference.Spokesperson for children in China,therefore,need us to solve the problems existing in the rights and interests protection,can be combined with the actual situation of our country,draw lessons from foreign related legislation,by establishing the perfect application verification system,strengthen the intervention of public power,according to the standard to differentiate different age to the protection of the rights of children's face,at the same time,through legal interpretation spokesperson and child performer,a clear distinction between children make up for legal loopholes.Endorsements,in addition,we for children is not need to be absolutely prohibited,but to strengthen the regulation of children's endorsement,and carries out the legal responsibility,clear legal responsibility main body and the way of regulating the behavior of the guardian and advertisers,thus consummates our country to protect the rights and interests of commercial children face.