虚假广告代言人的法律责任

在市场竞争中,明星代言广告因其对消费者的巨大效应,成为众多商品生产者竞争的有力手段。而近年来明星代言的虚假广告不断被揭发,消费者中对追究代言明星的法律责任的呼声不断增强。中国现行广告法并未就明星的广告代言行为作出具体规范。结合现存观点,探究追究广告代言人的法律地位和责任,以明确虚假广告代言人的应负的法律责任。     

明星代言虚假广告的民事责任相关问题探究

当前,明星代言广告广受推崇.但是,部分明星所作的广告存在诸如虚假、误导消费者等突出问题,明星就其所作的广告是否应承担法律责任及承担何种责任,成为社会各界广为关注的问题.笔者认为,明星在此法律关系中处于特殊的法律地位,虚假广告责任主要在广告主、广告商、消费者自身等,而非代言人,但这并不意味着明星就不用承担责任.为了有利于规范商业广告的制作和发布,保护消费者及明星的合法权益,笔者在此仅对明星代言人怂的法律地住、要不要承担民事责任、何种情形下承担责任、承担何种民事责任等问题发表自己的看法,以抛砖引玉.     

论明星代言虚假广告法律规制

由于我国现行法律关于明星代言虚假广告规定的缺失，导致明星代言人的法律地位处于“真空状态”，我们既无法对、职星代言人进行有效的责任追究，也无法对其进行合理的审查和监管。因此，应当完善相关法律制度，确立明星代盲人法律地位，明确其应承担的法律责任，建立有效的监管体制。     

浅谈明星代言虚假广告的法律规制

广告作为一种品牌建设和品牌发展战略形式,在发展壮大企业方面起着至关重要的作用。近几年虚假广告盛行,而明星代言的虚假广告的不仅损害了消费者的合法利益,同时也损害了社会公众的利益,并且对社会公信力造成了极大的伤害。我国法律对于明星代言虚假广告的规定还不完善,部分商家、企业、明星唯利是图,同时消费者的消费理念也不成熟。鉴于此,应通过借鉴相关国外法律法规,完善我国法律,保护消费者的合法权益,维护正常的经济秩序。     

对虚假广告代言人侵权责任认定的探讨

由于我国<广告法>对代言人代盲虚假广告行为的法律责任没有作出明确的规定,这也是虚假广告代盲人的行为是否要承担法律责任、承担何种性质的法律责任成为当前理论和实务界关注的热点和焦点原因之一,文章从虚假广告代言人的界定入手,全面分析了虚假广告代言人承担侵权法律责任的依据,并就其便权责任的认定要件作了一定范围的探讨,以期完善虚假广告代言人法律责任规制.     

《食品安全法》关于明星连带责任的规定的不足及完善

在社会生活中，明星为高额报酬而代言虚假广告，严重损害消费者利益的事情屡屡发生，而《广告法》并未规定明星代言虚假广告的责任。为了弥补《广告法》的法律漏洞，新制定的《食品安全法》第55条明确规定了明星代言虚假广告的连带责任。但该条规定存在适用范围太狭窄、“个人”的范围太宽泛、“连带责任”的规定过于笼统三大不足，需要后续立法加以完善。     

公民广告代言法律问题探析

在如今的广告市场上,越来越多的生产商选择公民个人尤其是明星来为其产品代言,利用明星的光环效应,将受众对明星的关注转移到对产品的关注,公众基于对明星的信赖而选择代言产品,从而在短时间内提高品牌的关注度和知名度并为企业带来效益。公民个人的代言行为劳动量少,但得到的代言费用动辄就是令老百姓瞠目结舌的天价费用,收益与责任不成正比。然而,一旦个人所代言的产品出现问题,相对于国外完善的法律体系,我国又没有相应的法律予以规制,这就是我们亟待解决的法律空白问题。     

美特斯·邦威的多明星代言策略分析

美特斯·邦威是国内近几年休闲服成长最快的品牌之一,也是休闲服企业实施多明星代言的典型代表。文章以美特斯·邦威为例,结合市场调查,分析了该企业实施多明星代言的效果,并对服饰企业实施多明星代言策略提出了建议。在运用多明星代言策略时,应处理好代言人个性与品牌个性的关系,遵循品牌形象大于品类形象和产品形象的原则,并避免单纯从性别的角度对明星代言人进行区分。     

传播学视角下的我国“名人广告热”现象探析

以文艺界、体育界明星作为品牌代言人的名人广告已成为一种普遍的社会经济现象,随之而来的社会负效应日益凸显。本文在分析名人广告畸形传播的原因基础上,从法律规制、媒体把关、工商监察、社会监督、名人自律等角度对我国文化名人广告传播不良现象提出具体对策与建议。     

对商品房预售广告的法律问题研究

商品房销售广告的法律性质及相关的法律责任问题对确定商品房交易过程中当事人之间的利益分配关系,规范房地产市场行为和保护当事人的合法权益具有重要的意义。虚假广告的存在严重侵害了消费者的合法权益和扰乱了房地产市场的正常秩序。虚假商品房预售广告侵害的是多重客体,包括消费者利益、竞争者利益和社会公共利益。因违法行为的多重性,从而产生多重请求权。     

Pleasure and belief in Hume's Decision Process

Abstract

The purpose of this paper is to introduce explicitly pleasure and belief in what aims at being a Humean theory of decision, like the one developed in Diaye and Lapidus (2005a). Although we support the idea that Hume was in some way a hedonist – evidently different from Bentham's or Jevons' way – we lay emphasis less on continuity than on the specific kind of hedonism encountered in Hume's writings (chiefly the Treatise, the second Enquiry, the Dissertation, or some of his Essays). Such hedonism clearly contrasts to its standard modern inheritance, expressed by the relation between preferences and utility.

The reason for such a difference with the usual approach lies in the mental process that Hume puts to the fore in order to explain the way pleasure determines desires and volition. Whereas pleasure is primarily, in Hume's words, an impression of sensation, it takes place in the birth of passions as reflecting an idea of pleasure, whose “force and vivacity” is precisely a “belief”, transferred to the direct passions of desire or volition that come immediately before action. As a result, from a Humean point of view, “belief” deals with decision under risk or uncertainty, as well as with intertemporal decision and indiscrimination problems.

The latter are explored within a formal framework, and it is shown that the relation of pleasure is transformed by belief into a non-empty class of relations of desire, among which at least one is a preorder.     

Globalization,Neoliberalism and the attack on social security

Neoliberal political movements advocate privatization of public pension systems. Globalization imposes pressure on nations to conform to neoliberal policy views with respect to the design and structure of social insurance, including public pension systems. The paper begins with an investigation of the economic, ethical and ideological dimensions of the privatization debates in the U.S.; it argues that privatization advocates may be largely moved by ideology, since the other reasons advanced appear weak or unfounded. The second part discusses the history of Social Security, the purposes for its creation, and some of its economic effects. Differences between public and private pension systems are considered. A brief international comparison of some aspects of public pension system finance and benefit structures is presented. The final section considers the ethical, macroeconomic and distributional implications of privatization, prefunding and payroll tax funding, and argues for a pay as you go system financed with income taxes. In order to promote equity, economic security, community, and social cohesion, public pension systems should be universal in coverage. In order to reduce the inequality, income insecurity, and aged poverty generated by market economies, public pension systems ought to be progressive: benefit/contribution ratios should be inversely proportional to income, and progressive income taxes should finance the system. To promote economic growth, the systems should be financed on a pay-as-you-go basis, and should not be prefunded except for an emergency reserve. The fiscal policy recommendations partially depend upon the theory developed by Abba Lerner in the 1940s, and recently advanced by Wynne Godley and Randy Wray: Lerner's “principle of functional finance.”     

Forecasting the price of gold

This article seeks to evaluate the appropriateness of a variety of existing forecasting techniques (17 methods) at providing accurate and statistically significant forecasts for gold price. We report the results from the nine most competitive techniques. Special consideration is given to the ability of these techniques to provide forecasts which outperforms the random walk (RW) as we noticed that certain multivariate models (which included prices of silver, platinum, palladium and rhodium, besides gold) were also unable to outperform the RW in this case. Interestingly, the results show that none of the forecasting techniques are able to outperform the RW at horizons of 1 and 9 steps ahead, and on average, the exponential smoothing model is seen providing the best forecasts in terms of the lowest root mean squared error over the 24-month forecasting horizons. Moreover, we find that the univariate models used in this article are able to outperform the Bayesian autoregression and Bayesian vector autoregressive models, with exponential smoothing reporting statistically significant results in comparison with the former models, and classical autoregressive and the vector autoregressive models in most cases.     

Planned adaptation in risk regulation: An initial survey of US environmental, health, and safety regulation

In principle, we want regulatory programs to be based on current realities, as reflected for example in the best knowledge of relevant experts. That would imply that old rules now on the books should be consistent with today's knowledge base, not just what was known when a rule or standard was originally set. This paper reports on a survey of US programs, examining how often existing rules are actually updated in light of better knowledge, and identifies five programs that attempt to make policy routinely adaptive. These programs exhibit what we term Planned Adaptation: they both revise rules when relevant new knowledge appears, and take steps to produce such improved knowledge. While Planned Adaptation is rare, it is used in several nationally prominent programs, including air pollution, airplane safety, and drug safety. Planned Adaptation is a policy tool that deserves more attention.     

The greenhouse effect: Damages,costs and abatement

The buildup of so-called greenhouse gases in the atmosphere — CO₂ in particular-appears to be having an adverse impact on the global climate. This paper briefly reviews current expectations with regard to physical and biological effects, their potential costs to society, and likely costs of abatement. For a worst case scenario it is impossible to assess, in economic terms, the full range of possible non-linear synergistic effects. In the most favorable (although not necessarily likely) case (of slow-paced climate change), however, it seems likely that the impacts are within the affordable range, at least in the industrialized countries of the world. In the third world the notion of affordability is of doubtful relevance, making the problem of quantitative evaluation almost impossible. We tentatively assess the lower limit of quantifiable climate-induced damages at $30 to $35 per ton of CO₂ equivalent, worldwide, with the major damages being concentrated in regions most adversely affected by sea-level rise. The non-quantifiable environmental damages are also significant and should by no means be disregarded.The costs and benefits of (1) reducing CFC use and (2) reducing fossil fuel consumption, as a means of abatement, are considered in some detail. This strategy has remarkably high indirect benefits in terms of reduced air pollution damage and even direct cost savings to consumers. The indirect benefits of reduced air pollution and its associated health and environmental effects from fossil-fuel combustion in the industrialized countries range from $20 to $60 per ton of CO₂ eliminated. In addition, there is good evidence that modest (e.g. 25%) reductions in CO₂ emissions may be achievable by the U.S. (and, by implication, for other countries) by a combination of increased energy efficiency and restructuring that would permit simultaneous direct economic benefits (savings) to energy consumers of the order of $50 per ton of CO₂ saved. A higher level of overall emissions reduction — possibly approaching 50% — could probably be achieved, at little or not net cost, by taking advantage of these savings.We suggest the use of taxes on fossil fuel extraction (or a carbon tax) as a reasonable way of inducing the structural changes that would be required to achieve significant reduction in energy use and CO₂ emissions. To minimize the economic burden (and create a political constituency in support of the approach) we suggest the substitution of resource-based taxes in general for other types of taxes (on labor, income, real estate, or trade) that are now the main sources of government revenue. While it is conceded that it would be difficult to calculate the optimal tax on extractive resources, we do not think this is a necessary prerequisite to policy-making. In fact, we note that the existing tax system has never been optimized according to theoretical principles, and is far from optimal by any reasonable criteria.During the academic year 1989–90 Dr. Ayres was at the International Institute for Applied Systems Analysis (IIASA), Laxenburg, Austria.During the summer of 1989 Mr. Walter was a member of the Young Scientists' Summer Program at IIASA.     

Interest on reserves and inflation

The payment of interest on reserves has been a common practice in inflationary economies. This policy may seem paradoxical since it involves returning part of the seigniorage, generated by the inflation process, with the intention to finance the fiscal deficit. This paper argues that the motivation for this policy can be captured by the discretionary regime, where the policymaker pays interest on reserves because he is concerned with the erosion of real liquidity by inflation, which is in part beyond his control. However, this policy is an unlikely outcome in the commitment regime, where the policymaker is in full control of inflation.     

SCIENCE AND INDUSTRY: TRACING THE FLOW OF BASIC RESEARCH THROUGH MANUFACTURING AND TRADE

This paper describes flows of basic research through the US economy during the late 20th century. In addition, the paper studies the effect of the flows on scientific papers in industries and fields. This article differs from others in its use of measures of science rather than technology. Together, its results present a picture of the structure of basic research flows in a modern, science-intensive economy. Basic research flows are large within petrochemicals and drugs, and within software and communications. Flows of chemistry, physics, and engineering are common throughout all industries – biology and medicine are almost confined to petrochemicals and drugs; and computer science is nearly as restricted to software and communications. In general, basic research flows are more concentrated within scientific fields than within industries. Our findings concerning the production of scientific papers indicate that the effect of a 1% change in academic R&D spillovers significantly exceeds that of industrial spillovers. In addition, within-field effects exceed effects between-fields, while within- and between-industry effects are roughly equal. It follows that scientific fields limit basic research flows more than industries do, perhaps because large firms implicitly span a range of industries.     

Bayesian estimation of duration models: An application of the multiperiod probit model

The multiperiod probit model is presented and Bayesian estimation using the Gibbs sampler with data augmentation is described. As an empirical illustration, the multiperiod probit model is then used to estimate a duration model using employment duration data for the Canadian province of New Brunswick. Bayesian estimation with unobserved heterogeneity is shown to be a simple extension of estimation of a duration model with no unobserved heterogeneity. More importantly, perhaps, some numerical problems encountered by other authors using Maximum Likelihood are avoided.I would like to thank M. Baker, G. Koop, A. Melino and D. Poirier for helpful comments and discussions. I would also like to thank M. Baker for providing his data.     

Scenarios and creativity: Thinking in new boxes

To be creative and make change happen, leaders must do more than simply ‘think outside the box’, as the traditional business manuals suggest, using the popular American expression. After all, the space outside the box is infinitely expansive. Moreover, there can be no guarantee that a solution to the problem will be found. The answer: ‘Think in new boxes.’ This requires developing the right new box; in other words, useful new models, a helpful new approach to a problem. That is the real art of practical creativity. This short article outlines the approach (Thinking in New Boxes) and its application to classic scenario planning with a few examples. The authors also present the ‘Expressway to Scenarios’, an approach that wins in impact and practicality what it loses in deep analysis, by having top executives involved in key steps.     

Valuing Mangrove-Fishery Linkages – A Case Study of Campeche, Mexico

This paper explores the value of mangrove systems as a breeding and nursery habitat for off-shore fisheries, focusing on mangrove-shrimp production linkages in Campeche State, Mexico. We develop an open access fishery model to account explicitly for the effect of mangrove area on carrying capacity and thus production. From the long-run equilibrium conditions of the model we are able to establish the key parameters determining the comparative static effects of a change in mangrove area on this equilibrium. We then estimate empirically the effects of changes in mangrove area in the Laguna de Terminos on the production and value of shrimp harvests in Campeche over 1980–90. Our findings suggest that mangroves are an important and essential input into the Campeche shrimp fishery, but that the low levels of deforestation between 1980 and 1990 mean that the resulting losses to the shrimp fishery are still comparatively small. Over-exploitation of the fishery due to open access conditions remains the more pervasive threat, and without better management any long-run benefits of protecting mangrove habitat are likely to be dissipated.