Research On The Civil Infringement Of Fake We Media Soft Advertisements

With the continuous advancement of science and technology,the Internet has become an indispensable and important part of people’s daily production and life.In recent years,with the booming development of online platforms such as Douyin and We Chat,a large number of We media advertisements have emerged.Due to the low cost,strong concealment,and good interactivity of We media soft advertising,it has become the first choice for businessmen to pursue benefits.However,the resulting We media fake soft advertising phenomenon has become more and more intense.When consumers face the infringement of fake soft advertising on we media,their legitimate interests are often unable to be adequately remedied.In the relevant laws governing the infringement of fake soft advertising on "We Media" in China,there are some problems,such as unclear definition standards for the falsehood of soft advertising,unclear identification standards for the subject of advertising responsibility and fuzzy definition of responsibility.How to grasp the correct and reasonable criteria to judge the fake soft advertisement media,is to study the important precondition of false soft advertisement media tort,the our country present law only the criteria to judge the fake advertisement made the principle rules,relevant judicial explanation is seldom to explain the analysis of decision criteria,which leads to the judicial administrative organs in the trial of new advertising,Unable to flexibly use the legal provisions,the occurrence of different cases of the same sentence.Our country law main body’s legal obligation for a single AD made detailed provisions,but in the fake soft advertisement media tort,often can appear the same subject with multiple identities,through the current law,it is difficult to judge this case how should bear tort liability among various advertising entities,and thus the benefits for consumers.Firstly,This article summarizes the criteria for determining the falseness of We-media soft advertisements into four items based on the research and analysis of domestic scholars’ opinions,relevant foreign legislation and judicial practice: namely advertising content authenticity,rational consumer standard,the relevant public general attention and overall observation standard,hope to provide some theoretical support for the judicial practice in our country.Secondly,this paper discusses in detail the imputation principle and the application of responsibility sharing rules in the infringement of fake soft advertising on We Media.It is suggested that the principle of presumption of liability is more suitable to regulate the infringement of false advertising of general products which does not involve the safety of person and property.This principle transfers the burden of proof to the advertiser,thus solving the problem of difficult proof for consumers.Finally,this paper analyzes how to identify the identities of the subjects of infringement of fake soft advertising on "We-Media",and according to the different types of identity competition and cooperation of advertising subjects,gives the corresponding ways of responsibility assumption,and gradually clarifies how the subjects responsible for infringement of fake soft advertising on "We Media" should bear legal responsibilities.