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明星代言虚假广告的民事责任问题,随着《中华人民共和国食品安全法》和《中华人民共和国食品广告法》的修改已经得到解决。但是,明星代言虚假广告的刑事责任仍然没有得到解决。本文认为明星代言虚假广告的刑事责任在刑法分则中虽没有明确的依据,但可以从共犯制度中找到其承担刑事责任的依据。
The celebrity endorsement of the civil liability of false advertising has been resolved with the amendments to the Food Safety Law of the People’s Republic of China and the Food Advertising Law of the People’s Republic of China. However, the criminal responsibility of celebrity endorsing false advertisements has still not been resolved. This article argues that although the criminal responsibility of celebrity endorsement of false advertisements does not have a clear basis in the criminal law points, it can find the basis for assuming criminal responsibility from the system of accomplice.