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我国的虚假广告泛滥,广告代言人是虚假广告重要的参与者,但我国却缺少相应的法律来规制他们的行为,追究他们的责任。虽然《食品安全法》以及有关生产劣药、假药的相关司法解释中对代言人责任的承担做出了具体规定,但这对于规范广告代言人的行为也只是杯水车薪。笔者认为,对广告代言人的法律责任应该有一个统一的规制,这不仅有利于保护消费者的利益,同时也有利于保护代言人本身。本文将主要从民法的角度讨论广告代言人的权利义务,以及因其侵权行为所应承担的民事责任。
The proliferation of false advertising in our country, advertising spokesman is an important participant in false advertising, but our country lacks the corresponding laws to regulate their behavior and hold their responsibility. Although the Food Safety Law and the relevant judicial interpretations concerning the production of inferior medicines and counterfeit medicines have specific provisions on the responsibility of the spokespersons, this is just a drop in the bucket for the regulation of advertising spokespersons. The author believes that the legal responsibility of advertising spokesman should have a unified regulation, which not only helps to protect the interests of consumers, but also help protect the spokesperson itself. This article will mainly discuss the rights and obligations of the advertising spokesman from the perspective of civil law, as well as the civil liability due to his infringement.