第1个回答 2012-05-12
Celebrities speak for false advertisements damage the legitimate rights and interests of consumers always happens recent years, and there is a growing trend of this phenomenon. The reason of this phenomenon is the long-term absence of legal regulation to the false advertisement of celebrity,and the uncoordinate state of supervision departments, in that case, it's difficulty in obtaining good results. Stars engaging in false advertisements have infringed the legitimate rights and interests of the majority consumers, both in law and rational, it should be punished by law. Since the lack of appropriate norms for China's legal acts of celebrities' false advertisements are conflict with the urgent needa for protecting the consumer's interests, the legislation need to be put on the agenda.
In order to protect the legitimate rights and interests of the majority consumers, I demonstrated it from multiple angles that stars engaging in false advertisements should bear the corresponding legal liability, and to find a theoretical basis for this legal liability. To explaining what legal liabilities should the stars bear through specific analysis of the different situation of stars engaging in false advertisements, in order to be operable in judicial practice. I also proposed some concerning factors that should be considered in accounting the legal liabilities of star endorser in order to protect their legal rights for fair. Finally, through describing the status of the existing norms of celebrity endorsements, and learning the advanced experience of foreign legislation, to give some fine advices and suggestions on China's legislation and supervision in star endorsement.
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PS:楼主你这摘要写得太烂了,也太长了
第2个回答 2012-05-12
In recent years, star endorsement false advertising harm the legitimate rights and interests of consumers that have occurred, and there is growing trend, investigate its reason, is mainly the law of our country to standardize the star endorsement false advertising in the long-term absence of administrative regulation, multiple departments not free, it is difficult to obtain good results. Star endorsement false advertising, enroach on the legitimate rights and interests of consumers, to act in the situation, should be punished by law, in view of the current our country law of star endorsement false advertising behavior lacks the corresponding norms, and consumer rights and interests protection present situation to be in contradiction, the legislature has the need to be put on the schedule.In order to protect the legitimate rights and interests of consumers, this paper demonstrates the star endorsement false advertising should bear the corresponding legal liability, as star endorsement false advertising to assume legal responsibility to find theoretical basis. Through the concrete analysis of star endorsement false advertising in a variety of different state, elaborated on the condition of star spokesman should bear the legal liability, in order to judicial practice can have the maneuverability, also put forward for star spokesman of legal liability should be taken into account when related to other factors, in order to protect the legitimate rights and interests of star spokesman, in order to better to carry out fair. Finally, through to our country existing legal norms of star endorsement of the description of the status quo, learn the advanced experience from foreign legislation, to our country about the regulation of star endorsement false advertising in the legislative and administrative supervision give good advice and suggestions
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