论文部分内容阅读
关于广告荐证者的法律责任,理论界有不同的观点:连带责任说、不真正连带责任说、补充责任说等,不一而足。本文认为:从侵权法角度看,如果荐证者与广告主有相互通谋的侵权故意、明知或应知所荐证的广告有侵权可能而放任损害事实的发生,则构成共同侵权,应当承担连带责任。如果荐证者无与广告主通谋,亦未放纵该损害的发生,仅因疏忽大意未尽相应审查义务,其荐证行为与广告主的误导行为偶然竞合,导致损害事实的发生,则承担补充连带责任。
There are different views on the legal liability of those who take the testimony of advertisements: the theory of joint and several liability says that there is a great deal of unrealistic joint and several liability. This article thinks: From the perspective of tort law, if the testimonial between the advertisers and the advertisers have intentional infringement, knowingly or should know that the testimonials of advertising infringement may be allowed to infringe upon the occurrence of facts, constitute a joint infringement, should bear Joint responsibility. If the candidate does not conspire with advertisers, nor indulge the occurrence of the damage, only due to failure to review the corresponding obligations, the recommendation of testimony and advertisers misguided accidental competition, leading to the occurrence of damage to the facts, then Undertake joint and several liability.