Research On The Legal Responsibility System Of Advertising Spokesmen

In the current era of rapid development of commodity economy,commercial advertising is increasingly closely related to the daily life of the public.Because of its strong function of information dissemination,commercial advertising has gradually become an indispensable tool for all kinds of market main body publicity and promotion.As an important part of the advertising industry,commercial spokespersons play a key role in the communication process of commercial advertisements.In recent years,with the exposure of more and more cases of false commercial advertisement endorsement--from Wang Han,Du Haitao and other stars endorsement of financial products,to Simba,Li Jiaqi and other super web celebrity endorsement of fake and shoddy-quality products,the rights and interests of many consumers have been seriously damaged,which has aroused the attention and thinking of the author.Under the current legal system in China,the legal liability of advertising spokespersons has not been effectively regulated,which makes the legal liability of advertising spokespersons cannot be investigated effectively in the trial process of many cases,so that the rights and interests of consumers can not be effectively protected.Therefore,at the legislative level,China needs to draw on the advanced legislative experience of various countries and regions to perfect the legislative system of commercial advertising in China.At the practical level,it is also necessary to explore a new model that is more suitable for the sound development of China’s current advertising market legal system.Only when the two macro levels complement each other can the protection of individual rights and interests of consumers be implemented in detail.This paper mainly from the perspective of the legal responsibility of advertising spokespersons,to examine some key legal issues about the legal responsibility system of advertising spokespersons in China.The author through the value analysis,comparative research,semantic analysis and case analysis,the study of advertising spokesperson legal liability system in China,found that the legal liability system for advertising spokesperson exist the following problems: the body of the advertising spokesperson scoping vague,lack for "real" and "practical use" detailed provisions;The difference of civil compensation liability between different spokespersons was not distinguished.The administrative responsibility of the spokespersons is too light and the relevant examination mechanism is not perfect;Lack of criminal responsibility to the advertising spokesman to investigate the mechanism.After consulting and analyzing the relevant legislation and cases in the United States,Japan and Taiwan,the author puts forward the following feasible suggestions on the above-mentioned problems existing in the legal liability system of advertising spokespersons in China: First,refine the definition standard of advertising spokespersons responsible subject;Second,to improve the civil liability of advertising spokesmen;Third,strengthen the administrative responsibility of advertising spokespersons;Fourthly,the advertising spokesperson should be included in the subject of the crime of false advertising in the criminal law of our country.