Jointly and severally liable,legally speaking,first of all,it is from the "Civil Code" on a kind of debt about a shared responsibility approach閫氫織鍦拌?is a shared responsibility,are bundled together,it is more than one person on the a shared responsibility of the debt,the debtor has brought relations between,for people outside,I can find one of any one person,asking him to assume full responsibility.
Star endorsement jointly and severally liable,an analogy is like this kind of Sanlu milk powder case,if such a formula to apply,that is,the victim can go directly to prosecute a star spokesmen,so that he was responsible for all.
February 28 at the National People's Congress meeting,which lasted 4 years of "People's Republic of China food safety law" was adopted by 158 votes in favor,3 against and 4 abstentions were high
Vote passed.June 1 will be the introduction of the "Food Safety Law" 55th article stipulates:"The social groups or other organizations,individuals in the false ads to consumers recommend the food,so that the legitimate rights and interests of consumers of damage,and food production operators are jointly and severally liable.At the just-concluded two sessions on the National aroused star member of the public and representatives of intense debate,"Whether or not star endorsement ads have jointly and severally liable for" the continuation of the debate from the temple to the private sector.
"The director of a major star at the two associations said on endorsement are jointly and severally liable for the star is not fair,is his ignorance of the law",for a number of stars that "food safety law" about "Star to jointly and severally liable" not fair to say,Guiyang City CaseTrust rebut the Secretary-General Zhang Ming carried out,and clearly pointed out that if the star afraid tam responsibility,not to speak on.
Has just passed the "Food Safety Law" stipulates that star endorsement of food should be held jointly and severally liable.Of this provision,some stars have expressed a different view.March 5 at the CPPCC meeting,the director Feng Xiaogang said,"Star jointly and severally liable to the provisions are one-sided and unjust." He also said that if a star is responsible,then all of the quality inspection department,the news media should be responsible,saying stars are vulnerable groups.March 10 at the time on activity,such as singer Xiangxiang star also claims that people are vulnerable groups,there is no ability to distinguish and should not be held liable.
CPPCC member Chen Daoming at well-known actor groups participate in the discussion space to accept the "China Daily" in an interview said,"Food Safety Law" to do on the celebrity food ads is the norm celebrities,consumers and manufacturers a responsible.He looked forward to further refinement of the law to make it clear that the provisions of manufacturers,celebrities should be borne by the limited duty,so that "the hearts of the people and the star has a foot."
He said that every time before the next advertisement contract,he will speak of the manufacturers themselves to make inspection,at the same time to check each other to prove the quality of various products,check endorsement Product safety and reliability.
"Food Safety Law" issued him will not change these practices,he said,but detailed introduction of such laws,he will be in accordance with the law in terms of the contract on a more clear understanding of their rights,obligations and should bear responsibility.
Let us read to read "Food Safety Law," its provisions to make false ads are jointly and severally liable.Attention is necessary for false advertising,now that star celebrities as public figures,paid endorsement,it should be accountable to the public and is responsible for product quality,although the celebrity star should not personally tested,but at least should not "false statements",which is the minimum; make a false advertisement,can not be responsible,it is also the nerve to "cascade" as "not even ride on the"鍚?
In fact,and foreign legal compared to our country on a false celebrity endorsement ads star punishment enough light,and abroad have administrative penalties and criminal involvement.Since food ads related to food safety,related to human life,so the problem it once,very harmful.The provisions of the United States are advocacy ads must be "the testimony of advertisement" and "explicit guarantee",that is the spokesman for ads are also are Recommend merchandise merchandise proved people,are products of a certain period of time the actual users and direct beneficiaries,the testimony should be true and correct,Otherwise,it will directly subject to heavy penalties.You do not use,you where they said,lying equal to testify in court,like you,I am very serious.Let's just assume liability here."Food Safety Law" in the words "jointly and severally liable",the aim is to star celebrity in the food ads on responsible consumers,we must take special care to make food ads should be vigilant behind the corresponding legal responsibility.
Human life,we must strictly.In the "Sanlu" milk powder incident,the celebrity stars of the society to assume more responsibility,rather than just money.