廣告代言人法律責(zé)任的實(shí)證研究
發(fā)布時(shí)間：2019-05-29 18:42
【摘要】：廣告蘊(yùn)含著豐富的文化內(nèi)涵和社會影響力,在生動描述了產(chǎn)品的外形、特點(diǎn)、性能等方面之外,也塑造了該企業(yè)和品牌的形象、文化理念以及價(jià)值觀念,兼具文化和經(jīng)濟(jì)的雙面作用。而在廣告中,代言人的地位舉足輕重,縱觀紛繁復(fù)雜的廣告宣傳行業(yè),聘請代言人為該企業(yè)的產(chǎn)品進(jìn)行形象代言,也成為了企業(yè)追求高經(jīng)濟(jì)效益的重要手段。由廣告代言人參與產(chǎn)品的宣傳推廣,也比其他在市場推廣中的產(chǎn)品更具有吸引力,這是一種超越產(chǎn)品本身可靠性及公信力的宣傳手段。這樣也導(dǎo)致了如果代言人夸大宣傳或者虛假代言某產(chǎn)品,其行為也將對社會和消費(fèi)者造成嚴(yán)重的影響和極大的損害。廣告代言人作為該產(chǎn)品宣傳和推廣的重要參與者,不僅應(yīng)對于其代言的產(chǎn)品進(jìn)行必要的了解及質(zhì)量、信息的檢驗(yàn)核實(shí),還應(yīng)在其所代言的廣告出現(xiàn)虛假或者欺詐情況時(shí),負(fù)起相應(yīng)的法律責(zé)任。所以,代言人要在堅(jiān)持維護(hù)自己應(yīng)得權(quán)益的情況下,也要積極地在實(shí)踐中完成相應(yīng)的義務(wù),對于產(chǎn)生的法律責(zé)任也必然要積極承當(dāng)。論文從姚明代言湯臣倍健魚油軟膠囊存在虛假宣傳,姚明作為該廣告的代言人被起訴作為第二被告一案,以及林丹夫婦虛假代言轉(zhuǎn)基因油被訴法院一案,這兩個(gè)最近的代表案例來引出廣告、廣告代言人以及廣告代言人在面對自己所進(jìn)行的虛假代言時(shí),所應(yīng)承擔(dān)的相應(yīng)法律責(zé)任,以及相關(guān)理論問題的分析和研究。根據(jù)我國的實(shí)際國情和借鑒國外相關(guān)方面的立法經(jīng)驗(yàn),分析廣告代言人及廣告代言人的法律責(zé)任,詳細(xì)的探討如何認(rèn)定廣告代言人的法律責(zé)任,并在代言人在付諸代言行為時(shí),存在的失實(shí)宣傳對此應(yīng)當(dāng)承當(dāng)怎么樣的后果。同時(shí),筆者也提出了對案件的處理建議和法律思考,對如何構(gòu)建更加完善的廣告代言人法律責(zé)任機(jī)制提出自己的想法,最終使全文達(dá)到對廣告代言人法律責(zé)任的深入而完善的探討。
[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.
【學(xué)位授予單位】：鄭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D922.294
本文編號：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.
【學(xué)位授予單位】：鄭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D922.294
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