On Civil Liability of Mendacious Advertisement Prolocutor
|Course||Civil and Commercial Law|
|Keywords||False advertising Endorsers Civil liability Contributory infringement|
With the continuous development of market economy, the advertising industry has gradually grown, advertising has filled every corner of our lives. Today, the use of advertising products or services has become one of the most convenient and efficient means of information dissemination, and use of endorsers in advertisements for product promotion prestige prestige endorsement advertising is very good results. As driven by economic interests combined with the existing law does not speak for effective regulation of advertising, a time of false endorsement ads will run rampant, endorsers can afford to casually boast in ads, which not only caused the loss of many consumers, and has seriously disrupted the normal life of people, when requested endorsers liable voices are rising. Therefore, how to be legally binding on the endorsers, how to protect the legitimate rights and interests of consumers become advertising legislative priority. In this thesis, besides the introduction and conclusion, is divided into five parts. The first part: the problem of false advertising and endorsement status quo. The first is the question raised. Starting from two typical cases of endorsement ads proposed that the present there are many problems, including the civil liability of endorsers is discussed in this paper orientation; Then on the title and content of endorsers has defined the unity that endorsers include spokesperson and advertising recommend witnesses, is in the ad to use their image, physical performance or experience to cause the audience attention, and the companies or their products and services play a direct or indirect advocacy role; thus through the pros and cons of endorsements is a description of endorsement ads double-edged sword, both give people the benefit can also produce great harm, false advertising endorsements appear exactly the kind of malpractice presented to them. Then endorsement of false advertising Analysis. Through the current status of the introduction of false endorsement, pointing out that false advertising endorsements already rife, not only caused damage to consumers and society as a whole have had a great harm, and then analyze their causes, that driven by economic interests is the fundamental reason, the lack of effective legal constraints are important reasons for false advertising spokesman further pointed out that it is necessary to bear civil liability. Part II: Analysis of false advertising spokesperson accountability. The first is whether the endorsers of civil liability controversy. Negation and affirmation of the right of the eleven Analysis concluded with certainty, advertising spokesperson shall bear civil liability. Followed by false advertising spokesperson should bear civil liability basis. Attempts to explore two aspects of law and economics endorsers should bear civil liability basis. Finally endorsers prerequisite for civil liability. Proposed endorsers Only in advertising has been identified as false advertising and violation of the relevant obligations spokesperson only under the premise should bear civil liability, which also reflects the value of the legal pursuit of fairness and justice goals. Part III: home and abroad false endorsements of conduct. First, foreign sanctions. Listed the United States, Canada, France, Sweden, Korea, Japan, the six countries in regulating some aspects of false advertising endorsements successful initiatives. Then endorsement of false advertising legislation on the status quo. Legislation on the civil liability of endorsers lack of a clear and unified, and the lack of supervision on the false advertising, false advertising endorsements was more emboldened. Finally, foreign comparative enlightenment. Combined with successful experience of foreign countries and China's legislative status quo, to draw some inspiration for my own use, including personally use caution rules, establish a credit constraint mechanism, strengthen the examination and supervision of endorsement ads and the most critical - clear endorsers civil liability. Part IV: Building a civil liability system of false advertising spokesperson. This is the focus of this paper. Tort liability on the part were positioned in the imputation principle that should be based on the principle of fault liability is appropriate, the constituent elements include the spokesperson's fault, false endorsement of illegal, false endorsement acts by facts, and false endorsement and consumer the causal relationship between damage in false advertising spokesperson bear tort liability on the combination of specific joint infringement of the basic theory that should be associated with common criteria for judging contributory infringement, and as a data analysis of the endorsers intentional tort and negligence two cases together with other advertising subjects infringement, spokesperson deliberately common when the association necessarily based on subjective and advertisers constitute contributory infringement and severally liable, negligence as long as it meets the conditions associated with other common advertising constitute contributory infringement main commitments Joint and several liability. Part V: spokesperson for false advertising related entities outside of the legislative proposal. From advertisers, advertising operators and advertisement publishers, advertising industry organizations, and explore a comprehensive analysis of the consumer's point of false endorsement deal with advertising strategies proposed should increase the responsibility of the advertiser, forcing merchants discipline; implement advertising operators and advertising review those obligations; clear the status of the advertising industry organization and management functions; raise consumer awareness of self protection, rational treatment endorsement ad.