Research On The Legal Liability Of False Advertising Spokesperson

In the market economy,our advertising industry is booming,and advertisers are increasingly looking for the right advertising endorsers for their products.But because of the lack of regulation and restrictive mechanisms of our advertising campaign,there are a number of phenomena that have disrupted the market and the consumer's legal rights.The appearance of false advertisement disturbs the fair competition order of the market and infringes the legitimate rights and interests of consumers.The more serious consequence caused by false advertisement is the great harm to the public interest,and our country also gradually enhances the regulation of false advertisements.According to the principle of good faith,the consistency principle,the principle of reliance interest protection the rights and obligations as well as the principle of disgraceful consideration,false advertising endorsers should bear legal responsibility.It is necessary to notice the four constitutive elements in judging the legal responsibility of the role of the representative of the false advertisement:the illegal ACTS of the endorsers,the subjective fault,the facts of the harm,and the causal relationship.Our country has made some achievements in the management of false advertisement.Although the amended consumer protection law and the advertising law have defined that endorsers of false advertising endorsement need to bear joint and several liabilities,there are still some problems in our country's governance of false advertising endorsement.First of all,the legislative provisions on the legal liability of false advertising endorser are not comprehensive enough;Secondly,the system of legal liability for false advertising endorser is not perfect;Finally,the advertising endorses' administrative responsibility is relatively light.This dissertation firstly introduces several classic cases of false advertising endorsement,then analyses the theoretical basis and the constitutive requirements for legal responsibility false advertising endorser bear,and lists the present legal situation of our country in the legal responsibility of false advertising endorsers,analyses the existing problems and analyses the foreign related practice and experience of the false advertising endorsers' legal responsibility,mainly including the establishment of a complete advertising legal system,the examination and obligation of the endorsers,and the special regulation of special goods,and finally combining with the reality of our country,puts forward the countermeasures of perfecting our country's legal responsibility for false advertising endorsers.In the aspect of perfecting the relevant legislative provisions of legal liability,it is necessary to establish the principle of imputation,to refine the relevant provisions of administrative legislation and to improve the relevant provisions of criminal responsibility.In the aspect of perfecting the legal liability investigation system,we should introduce the punitive compensation mechanism and perfect the system of false advertising public interest litigation.In the aspect of perfecting the supervision and management mechanism of legal liability,we should stipulate the duty of attention of advertising endorser,promotes self-discipline of the industry and standardizes the system of advertising censorship.