我国过去制定的各有关调整广告行为及其关系的行政法规中并未明确广告代理中承担连带责任问题,《民法通则》虽然在代理关系中规定了连带责任,但由于广告代理行为不同其他一般民事代理行为,实践中,对于应该承担连带责任的,往往以行政处罚的方式相代替,以罚代之,以罚了之,使广大受损害的消费者(第三 In the past, the administrative laws and regulations on adjusting advertisement behavior and their relations formulated in our country did not specify that the advertising agency should bear the joint and several liability. Although the General Principles of Civil Law stipulated the joint and several liability in the agency relationship, since the advertisement agency acts are different from other general civil matters In the act of agency, in practice, for the joint and several liability that should be assumed, it is often replaced by the way of administrative penalty, replaced by punishment and fined, so that the vast numbers of injured consumers (third