名人代言虚假广告的民事法律责任研究
发布时间：2018-11-23 17:40
【摘要】： 本文在开篇即指出由于名人在社会上特殊地位和影响,名人代言广告日益普遍。但名人代言的产品欺骗消费者事件不断发生,造成了恶劣社会危害。由于我国法律对广告代言现象缺乏针对性规定,消费者维权缺少相应法律依据。 第一章论述了虚假广告违反了广告基本原则,指广告活动的主体利用广告对商品要素信息作引人误解的虚假宣传。要追究虚假广告代言人法律责任,必须明确虚假广告的认定标准：广告宣传内容的客观、真实性,欺诈、不实宣传行为具有使消费者误解的可能性,但不必拘泥于必须产生误解的后果。 第二章分析了《广告法》关于广告活动主体的规定的局限性,界定了“广告代言人”的概念：在商业广告中,利用自己的形象、知名度、专业知识技能等自身资源,借助广告传播媒体,代表广告主,向消费者推销产品的人。继而分析论证了广告代言人具有的广告作品表演者、广告主和消费者的特殊受托人、被代言的产品的荐证者、销售辅助者形象,并进一步明晰了代言人的个人身份形象,扩充了代言人的“组织”身份范围。 第三章通过对境外虚假广告代言立法的比较考察,分析了《食品安全法》关于虚假食品广告立法的成功与不足,重点分析论证了虚假广告代言人民事法律责任的责任基础,代言人的主体范围、归责原则、损害赔偿原则。指出在修订《广告法》的有关条文同时,要对《产品质量法》等其他相关法律作出配套修改。最后结合《民事案件案由规定》分析了追究虚假广告代言人法律责任所面临的诉讼实务困境。 最后是对本文的结论的小结归纳。
[Abstract]:At the beginning of the article, it is pointed out that celebrity endorsements are becoming more and more popular because of the special status and influence of celebrities in society. But celebrity endorsements of the product cheating consumer incidents continue to occur, resulting in bad social harm. Due to the lack of specific regulations on advertising endorsements in Chinese law, consumer rights protection lacks the corresponding legal basis. The first chapter discusses that false advertising violates the basic principles of advertising, which means that the main body of advertising activities use advertisements to misunderstand the information of commodity elements. In order to investigate the legal liability of false advertising spokesmen, we must make clear the criteria for the identification of false advertisements: the objective, authenticity, fraud and false propaganda of advertising content have the possibility of making consumers misunderstand. But don't be stuck to the consequences of having to misunderstand. The second chapter analyzes the limitations of the advertising law on advertising activities, defines the concept of "advertising spokesman": in commercial advertising, it uses its own resources, such as its own image, popularity, professional knowledge and skills, etc. A person who sells products to consumers on behalf of advertisers by means of advertising media. Then, the author analyzes and demonstrates the special trustees of the advertisement works, the advertisers and the consumers, the testimonials of the products endorsed, the image of the sales assistants, and the personal identity images of the spokesmen, which are possessed by the advertisement spokesmen, and the special trustees of the advertisers and the consumers are also analyzed and demonstrated. Expanded the "organization" identity of the spokesman. The third chapter analyzes the success and deficiency of false food advertising legislation in the Food Safety Law through the comparative investigation of the legislation of false advertisement endorsements abroad, and focuses on the analysis and demonstration of the liability basis of the civil liability of false advertising spokesmen. The scope of the principal body of the spokesman, the principle of liability, the principle of compensation for damage. It is pointed out that other relevant laws, such as the Product quality Law, should be amended in conjunction with the relevant provisions of the Advertising Law. In the end, the author analyzes the practical difficulties of investigating the legal liability of false advertisement spokesmen with reference to the provisions of Civil cases. Finally, the conclusion of this paper is summarized.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.294;D923
本文编号：2352265
[Abstract]:At the beginning of the article, it is pointed out that celebrity endorsements are becoming more and more popular because of the special status and influence of celebrities in society. But celebrity endorsements of the product cheating consumer incidents continue to occur, resulting in bad social harm. Due to the lack of specific regulations on advertising endorsements in Chinese law, consumer rights protection lacks the corresponding legal basis. The first chapter discusses that false advertising violates the basic principles of advertising, which means that the main body of advertising activities use advertisements to misunderstand the information of commodity elements. In order to investigate the legal liability of false advertising spokesmen, we must make clear the criteria for the identification of false advertisements: the objective, authenticity, fraud and false propaganda of advertising content have the possibility of making consumers misunderstand. But don't be stuck to the consequences of having to misunderstand. The second chapter analyzes the limitations of the advertising law on advertising activities, defines the concept of "advertising spokesman": in commercial advertising, it uses its own resources, such as its own image, popularity, professional knowledge and skills, etc. A person who sells products to consumers on behalf of advertisers by means of advertising media. Then, the author analyzes and demonstrates the special trustees of the advertisement works, the advertisers and the consumers, the testimonials of the products endorsed, the image of the sales assistants, and the personal identity images of the spokesmen, which are possessed by the advertisement spokesmen, and the special trustees of the advertisers and the consumers are also analyzed and demonstrated. Expanded the "organization" identity of the spokesman. The third chapter analyzes the success and deficiency of false food advertising legislation in the Food Safety Law through the comparative investigation of the legislation of false advertisement endorsements abroad, and focuses on the analysis and demonstration of the liability basis of the civil liability of false advertising spokesmen. The scope of the principal body of the spokesman, the principle of liability, the principle of compensation for damage. It is pointed out that other relevant laws, such as the Product quality Law, should be amended in conjunction with the relevant provisions of the Advertising Law. In the end, the author analyzes the practical difficulties of investigating the legal liability of false advertisement spokesmen with reference to the provisions of Civil cases. Finally, the conclusion of this paper is summarized.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.294;D923
【引证文献】
相关硕士学位论文 前3条
1 许苗苗;名人代言虚假广告的法律责任研究[D];南昌大学;2010年
2 邵丹云;论我国名人代言虚假广告的法律规制[D];河南师范大学;2011年
3 姚绍芬;虚假广告代言人的民事责任研究[D];福建师范大学;2012年
，本文编号：2352265
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