广告代言人法律责任的实证研究
发布时间：2019-05-29 18:42
【摘要】：广告蕴含着丰富的文化内涵和社会影响力,在生动描述了产品的外形、特点、性能等方面之外,也塑造了该企业和品牌的形象、文化理念以及价值观念,兼具文化和经济的双面作用。而在广告中,代言人的地位举足轻重,纵观纷繁复杂的广告宣传行业,聘请代言人为该企业的产品进行形象代言,也成为了企业追求高经济效益的重要手段。由广告代言人参与产品的宣传推广,也比其他在市场推广中的产品更具有吸引力,这是一种超越产品本身可靠性及公信力的宣传手段。这样也导致了如果代言人夸大宣传或者虚假代言某产品,其行为也将对社会和消费者造成严重的影响和极大的损害。广告代言人作为该产品宣传和推广的重要参与者,不仅应对于其代言的产品进行必要的了解及质量、信息的检验核实,还应在其所代言的广告出现虚假或者欺诈情况时,负起相应的法律责任。所以,代言人要在坚持维护自己应得权益的情况下,也要积极地在实践中完成相应的义务,对于产生的法律责任也必然要积极承当。论文从姚明代言汤臣倍健鱼油软胶囊存在虚假宣传,姚明作为该广告的代言人被起诉作为第二被告一案,以及林丹夫妇虚假代言转基因油被诉法院一案,这两个最近的代表案例来引出广告、广告代言人以及广告代言人在面对自己所进行的虚假代言时,所应承担的相应法律责任,以及相关理论问题的分析和研究。根据我国的实际国情和借鉴国外相关方面的立法经验,分析广告代言人及广告代言人的法律责任,详细的探讨如何认定广告代言人的法律责任,并在代言人在付诸代言行为时,存在的失实宣传对此应当承当怎么样的后果。同时,笔者也提出了对案件的处理建议和法律思考,对如何构建更加完善的广告代言人法律责任机制提出自己的想法,最终使全文达到对广告代言人法律责任的深入而完善的探讨。
[Abstract]:Advertising contains rich cultural connotation and social influence. In addition to vividly describing the shape, characteristics and performance of the product, it also shapes the image, cultural concept and values of the enterprise and brand. It has both cultural and economic functions. In the advertising, the spokesman plays an important role. Looking at the complicated advertising industry, hiring the spokesman to speak for the product of the enterprise has also become an important means for the enterprise to pursue high economic benefits. The advertising spokesman participates in the promotion of the product, which is more attractive than other products in the market promotion, which is a kind of propaganda means that surpasses the reliability and credibility of the product itself. This also leads to if the spokesman exaggerates propaganda or false endorsement of a product, its behavior will also cause serious impact and great damage to society and consumers. As an important participant in the promotion and promotion of the product, the advertising spokesman should not only carry out the necessary understanding and quality of the product and the inspection and verification of the information, but also when the advertisement it represents is false or fraudulent, Bear the corresponding legal responsibility. Therefore, the spokesman should insist on safeguarding his due rights and interests, but also actively complete the corresponding obligations in practice, and the resulting legal liability must also be actively accepted. From Yao Ming's endorsement that there is false propaganda in Tang Chen Bei Jian Yu oil soft capsule, Yao Ming, as the spokesman of the advertisement, was charged as the second defendant, and Lin Dan and his wife falsely endorsed genetically modified oil against the court. These two recent representative cases lead to the corresponding legal liability of advertising, advertising spokesman and advertising spokesman in the face of their own false endorsement, as well as the analysis and research of related theoretical issues. According to the actual national conditions of our country and drawing lessons from the legislative experience of foreign countries, this paper analyzes the legal liability of advertising spokesman and advertising spokesman, discusses in detail how to identify the legal liability of advertising spokesman, and when the spokesman puts it into endorsement behavior, What kind of consequences should the false propaganda bear for this? At the same time, the author also puts forward some suggestions and legal thoughts on how to deal with the case, and puts forward his own ideas on how to construct a more perfect legal liability mechanism for advertising spokesmen. Finally, the full text to achieve the advertising spokesman legal responsibility in-depth and perfect discussion.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
本文编号：2488135
[Abstract]:Advertising contains rich cultural connotation and social influence. In addition to vividly describing the shape, characteristics and performance of the product, it also shapes the image, cultural concept and values of the enterprise and brand. It has both cultural and economic functions. In the advertising, the spokesman plays an important role. Looking at the complicated advertising industry, hiring the spokesman to speak for the product of the enterprise has also become an important means for the enterprise to pursue high economic benefits. The advertising spokesman participates in the promotion of the product, which is more attractive than other products in the market promotion, which is a kind of propaganda means that surpasses the reliability and credibility of the product itself. This also leads to if the spokesman exaggerates propaganda or false endorsement of a product, its behavior will also cause serious impact and great damage to society and consumers. As an important participant in the promotion and promotion of the product, the advertising spokesman should not only carry out the necessary understanding and quality of the product and the inspection and verification of the information, but also when the advertisement it represents is false or fraudulent, Bear the corresponding legal responsibility. Therefore, the spokesman should insist on safeguarding his due rights and interests, but also actively complete the corresponding obligations in practice, and the resulting legal liability must also be actively accepted. From Yao Ming's endorsement that there is false propaganda in Tang Chen Bei Jian Yu oil soft capsule, Yao Ming, as the spokesman of the advertisement, was charged as the second defendant, and Lin Dan and his wife falsely endorsed genetically modified oil against the court. These two recent representative cases lead to the corresponding legal liability of advertising, advertising spokesman and advertising spokesman in the face of their own false endorsement, as well as the analysis and research of related theoretical issues. According to the actual national conditions of our country and drawing lessons from the legislative experience of foreign countries, this paper analyzes the legal liability of advertising spokesman and advertising spokesman, discusses in detail how to identify the legal liability of advertising spokesman, and when the spokesman puts it into endorsement behavior, What kind of consequences should the false propaganda bear for this? At the same time, the author also puts forward some suggestions and legal thoughts on how to deal with the case, and puts forward his own ideas on how to construct a more perfect legal liability mechanism for advertising spokesmen. Finally, the full text to achieve the advertising spokesman legal responsibility in-depth and perfect discussion.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
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