虚假广告代言人责任刍议——以《食品安全法》第55条为视角

On the Responsibility of Spokesmen for False Advertising——From the Perspective of No.55 of "Food Safety Law"

广告代言人与经营者的地位、性质不同,广告中的代言人的言行不具有可信赖性,代言人在广告中也不具备独立的法律人格,其权利、义务统一于合同行为之中,而非与消费者的对立之中。代言人不是经营者,法律不应当课以比经营者更重的严格责任,也不应让其承担连带责任。

The status and nature of spokesmen for advertising are different from operators,so their words and deeds do not have the trustworthiness.They do not have independent legal personality,and their rights and obligations have been unified in the action of contract,not being confrontational with consumers.As spokesmen are not operators,they should neither bear a heavier legal responsibility than operators do forced by laws nor be jointly and severally liable.