产品代言人侵权责任研究

Research on Tort Liability of Product Spokesmen

就侵权法的理论而言,运用主客观相结合的关联共同理论,可认定在某些情形下产品代言人与制造商构成共同侵权,承担连带责任。而相对于理论上侵权责任的认定,更为重要也更为困难的问题在于产品代言人的侵权责任如何在司法实践中得以落实。对此,构建严格的产品代言人侵权责任意义重大。

According to the theory of connection joint which combines both subjective and objective aspects in Tort Law,it can be identified that the product spokesmen and manufacturers are jointly and severally liable for their joint act of tort in certain cases. Compared with the identification of the tort liability in theory,the application of the tort liability of the product spokesmen in judicial practice is more important and difficult. Therefore,constructing a strict mechanism on the tort liability of product spokesmen has a profound significance.