Research On The Legal Economics Of Tort Joint Liability Of Commodity Spokespersons

With the gradual development of China’s market economy,the competition in the commodity market is becoming more and more fierce.Due to the popularization of legal knowledge,the awareness of public rights protection is gradually awakened,and the infringement disputes between consumers and commodity producers and providers are increasing day by day.As an effective form of promoting commodity sales,endorsement advertising has become the object of people’s attention.As an important part of the commodity circulation process,the behavior of commodity spokespersons can help expand the scale of commodity sales and increase the quantity of commodity sales.The behavior of commodity spokesmen and consumer’s consumption behavior constitute the trust interest relationship.In order to adhere to the principle of honesty and trustworthiness,maintain the public order and good customs of social commodity trading market,and protect the trust interests,the legal regulation of commodity spokespersons must meet certain requirements.This paper focuses on the tort joint liability of commodity spokesmen,from the perspective of economics,using the internalization of liability theory,social cost theory,exemption incentive analysis,game theory analysis and efficiency advantage analysis,using the method of normative analysis and case analysis.The research contents of this paper are as follows: Firstly,this paper studies the relevant domestic legal system and theory.Questions are put forward from the legal system setting and theoretical discussion.Secondly,this article carries on the legal and economic analysis to the commodity spokesperson’s tort joint liability.In this paper,the cost and benefit theory is used to discuss the regulation cost of joint and several liability for infringement of commodity spokespersons and the optimal standard of preventive attention under the condition of minimum social cost.Based on hand formula and game theory,this paper analyzes the disclaimer incentive of commodity spokespersons,and discusses the behavior choice of commodity spokespersons under the disclaimer incentive.This paper analyzes the efficiency advantage of commodity spokespersons bearing tort liability,and analyzes its efficiency advantage when covering eligible subjects and choosing appropriate imputation principle.After that,this paper studies and analyzes the tort joint and several liability of commodity spokespersons in the form of individual cases in order to provide practical basis for the application of the tort joint and several liability of commodity spokespersons.Finally,summarize the research results of this paper and draw the corresponding conclusions.The main conclusions are as follows: First,commodity spokespersons’ joint and several liability for tort can realize the minimization of social cost.Second,the inclusion of new spokespersons such as Internet celebrities and anchors into the scope of commodity spokespersons is conducive to the improvement of judicial efficiency.Third,the principle of presumption of fault is the optimal choice of joint and several liability for tort of commodity spokespersons.Based on the above conclusions,the author puts forward some suggestions on the regulation of liability of commodity spokespersons: first,strictly regulate legal behaviors to reflect the best cost and benefit.Secondly,expand the scope of eligible subjects to minimize social costs.Finally,the principle of optimal imputation is selected to improve judicial efficiency.