明星代言“连带责任”是否替相关机构背黑锅?–by豪迈(horror)

明星代言“连带责任”是否替相关机构背黑锅?
–by豪迈(horror)
博文预告:下一篇“关于相亲”
今天在凤凰网(http://www.ifeng.com/)的“凤凰财经/?大中华经济?>?2009315消费与发展”看到一文“食品安全法起草负责人:明星代言连带责任可倾家荡产”。关于明星代言连带责任,311日下午,全国人大常委会法工委行政法室主任、食品安全法起草负责人李援接受南方周末记者专访。下面关于南方周末与李援的一段问答,我觉得很有问题。
以下红字背景为摘录原文
??《食品安全法》第五十五条规定:“社会团体或者其他组织、个人在虚假广告中向消费者推荐食品,使消费者的合法权益受到损害的,与食品生产经营者承担连带责任。”?
南方周末:您怎么看冯小刚、濮存昕等文艺界名人对食品安全法第55条规定的反对,他们认为太严了??
李援:食品广告因为涉及到食品安全,涉及到人的生命,所以它一旦出问题,危害很大。美国的规定是代言广告必须是“证言广告”和“明示担保”,也就是说广告代言人是商品推荐者也是商品证明人,是产品一定时间内的实际用户和直接受益者,证词要真实无误,否则就直接重罚。你没有使用,你去向人家说,等于你出庭作证说谎一样,很严重的。咱们这里只是承担赔偿责任。

????前些日子,两会期间一些委员提明星代言连带责任,可能与前些时间的三鹿事件有些许关系,之后有传闻笑林与玖玖理疗裤事件。这些东西,作为一个普通人,我不是法律爱好者,许多东西不明白,但总感觉要有一些道理要讲。?

明星代言连带责任,有赞成有反对,但我认为都不对。他们都没有分清连带责任指哪些。因此我也不能给出正确的评断,本文只是从道理上分析广告、明星代言、责任。其他的我没有发言权,因为即使我说了也不算。?

????首先说广告,我认为这是商家、企业对产品和服务的推广活动,形式多样,可以请普通人代言、可以请名人说项,还可以不用人来宣传。如果这样来看,前两者可以追究责任,那后者呢?如果广告的主角是牛、是耗子呢?如果连动物都没有,是植物,又或者外星人呢?如果明星有责任,那播放广告的媒体呢??

????其次说代言,我认为代言至少有两种,我没做理论研究,只简单的分一下。一、亲身经历并一直在使用且卓有成效或至少不会有害的推介式:这种方式我认为是应该提倡的,是对所有消费者的尊重;二、纯粹出于宣传与炒作式:请一些人通过一些方法吸引大家注意。我认为,所有广告代言都应该属于这两种代言之列。?
????对于第一种,着重体现的应该是代言人说的是否实话,至于实话背后的金钱交易我们不应干涉。如果有人认为,只要产品出问题,代言人就有责任,那我认为是盲目的。因为这里有一个前提,代言人是否说实话才是关键的。如果说的是实话,确实推荐的真实有效产品:那产品确实有效,我们应该感激,因为你用了一个好东西也会向朋友推荐;产品偶尔出现问题,代言人也是受害人,因为他们也在使用,这时责任应该在谁?我认为应该是监管部门以及生产相关责任人。如果他们说的是谎话,没有什么好说的,典型的欺诈,为了一些金钱,出卖人格与道德,判死刑都不过分(有点激动了,我不懂法请原谅)。?
????对于第二种,不好评论了,因为你也会说,某公司新出了一个产品等等。这一类别花式繁多,责任难定,但我认为收钱与不收钱,是否有协议不重要,责任是不可避免的。?

????最后说责任,我不说连带责任的对错,只说,目前我国的广告对上述的两点有没有区分。如果有,那我认为第一种的说实话的没有责任,欺骗消费者的有责任。对于第二种,我认为都有责任。我感觉,如果我国没有区分第一种与第二种代言差别,那么,关于明星代言连带责任将强烈的打击出于真心推荐好产品的代言人的积极性,是不公平的。然而如果没有连带责任,对那些虚假代言又有放纵之嫌。因此我认为,合理的措施不应该是明星是否代言,而应该是在源头管理,即产品是否允许代言。因为,明星除了通过亲身体验外,没有其他鉴别能力,关键还在于质量的监管部门。?
????其实下面才是重点。到底谁能控制产品质量,我认为有二:一、生产企业;二、质量监管部门。这两者决定着质量,代言明星和我们普通消费者一样,唯一细微的区别是,我们会向身边朋友推荐好的东西,他们会想所有人推荐。如果质量监管部门都放行了,请问代言人如何分辨,我们百姓又如何分辨。如果产品以前一直很好,突然有一天不管是因为事故还是投毒的什么,请问明星如何得知,因为以前的确很好呀。这种情况如果质量监管部门都控制不了,我们凭什么让明星代言人来负责(前提是该明星出于真心推荐自己使用的好产品)。对于这种情况,我认为是相关部门在推卸责任,因为是你们让这些产品流放市场的。你们说质量可靠允许销售的,所以我们才使用的。所以我认为,只要是通过质量审批、合法上市的产品,真心代言人都不应该负责任。只有那些未经审批的伪劣假冒产品,明星只要代言就应该有责任。?

????因此我认为,对百姓负责应该做两件事:一、规范产品代言,只有通过质检合格的产品才允许代言;二、规范明星代言,只有亲身使用的才能代言,没有使用产品不能代言。做好第一点,我们才能使用到放心产品,不管明星是否代言。做好第二点,我们才能使用到更好的产品,如果消灭虚假代言的话。?

2009-4-18?#20:47:48??By豪迈(HORROR)?

[思考]明星代言“连带责任”是否替相关机构背黑锅? - 豪迈(Horror) - 沐雨听风观日月,拂花卧草戏鱼虫--原创

42 thoughts on “明星代言“连带责任”是否替相关机构背黑锅?–by豪迈(horror)

  1. I as well as my pals have already been examining the good secrets on your web site and so all of a sudden came up with a horrible suspicion I had not expressed respect to the blog owner for those tips. Most of the people had been passionate to read them and now have extremely been taking advantage of those things. I appreciate you for indeed being quite thoughtful and for making a choice on variety of ideal issues millions of individuals are really needing to discover. My personal honest regret for not saying thanks to you sooner.

  2. I happen to be writing to make you know of the beneficial experience my friend’s daughter experienced reading through your site. She discovered some details, including what it is like to possess an awesome giving character to have certain people with no trouble know specified complicated things. You actually did more than our expectations. Thank you for rendering those good, dependable, explanatory and even fun tips about the topic to Gloria.

  3. Thanks for all of your effort on this web page. My mom delights in going through research and it’s easy to see why. Many of us learn all concerning the lively mode you present rewarding steps on your website and foster participation from website visitors on that issue while my girl is really learning so much. Take advantage of the rest of the new year. You’re performing a really great job.

  4. I am also writing to let you be aware of of the fabulous discovery my cousin’s daughter developed using your web page. She discovered many issues, most notably how it is like to have an excellent giving mindset to make many more smoothly have an understanding of chosen advanced things. You really exceeded our own expected results. Thanks for supplying those precious, trusted, explanatory not to mention unique guidance on your topic to Evelyn.

  5. Needed to post you that bit of word to give thanks the moment again with the nice opinions you’ve discussed on this site. It’s simply extremely open-handed with people like you to supply without restraint just what many people could possibly have offered as an e book to generate some profit for their own end, chiefly considering that you could have done it in case you decided. These inspiring ideas as well acted to become a easy way to be aware that someone else have the same fervor just as my personal own to grasp much more with regards to this issue. I am sure there are several more pleasurable situations up front for many who check out your blog post.

  6. I simply wished to thank you very much again. I’m not certain what I might have used in the absence of the type of strategies discussed by you over that question. This has been a real difficult setting in my view, nevertheless coming across a new well-written fashion you solved the issue took me to jump over contentment. I’m just happier for your work and thus have high hopes you comprehend what an amazing job you are always accomplishing educating many others through the use of a site. I am certain you haven’t met any of us.

  7. I wish to convey my affection for your generosity for persons that should have assistance with in this question. Your very own dedication to getting the message up and down appeared to be rather useful and have consistently permitted associates like me to arrive at their pursuits. Your entire warm and friendly recommendations denotes a whole lot to me and further more to my colleagues. Warm regards; from each one of us.

  8. I simply wished to thank you so much once more. I do not know the things that I would’ve sorted out without the type of creative concepts shared by you concerning this theme. It truly was the difficult dilemma in my view, nevertheless looking at the very specialized strategy you processed the issue took me to jump over delight. I’m just grateful for the work and as well , hope that you know what an amazing job you are accomplishing educating people with the aid of your blog post. I’m certain you’ve never come across any of us.

  9. I simply had to thank you very much once more. I do not know the things that I would have sorted out in the absence of the methods provided by you relating to this question. It was a real difficult scenario in my view, but considering a new skilled mode you handled that forced me to weep for joy. I am just thankful for the work and thus have high hopes you comprehend what a powerful job you are getting into teaching people today through the use of your site. I am certain you’ve never got to know any of us.

  10. I precisely wanted to thank you very much yet again. I do not know what I would have created without these smart ideas provided by you on such a situation. Entirely was an absolute fearsome crisis in my position, but looking at this professional form you solved the issue forced me to leap for delight. I will be grateful for this information and then hope you are aware of an amazing job that you are providing teaching the mediocre ones by way of your web blog. I am sure you haven’t met any of us.

  11. I happen to be commenting to let you be aware of of the remarkable discovery my princess encountered visiting your site. She mastered so many things, with the inclusion of what it is like to possess an awesome giving nature to have the rest quite simply comprehend some tricky things. You really exceeded our expectations. I appreciate you for coming up with those productive, dependable, educational and even cool thoughts on the topic to Evelyn.

  12. I am also commenting to make you know of the nice experience my friend’s girl encountered reading through your site. She came to understand a good number of pieces, including how it is like to have a great giving style to let most people completely completely grasp specific impossible topics. You truly exceeded our own expected results. I appreciate you for rendering these priceless, trusted, explanatory and even fun thoughts on that topic to Jane.

  13. My spouse and i ended up being very excited when Jordan managed to do his basic research from the ideas he grabbed out of the web pages. It is now and again perplexing to simply possibly be giving for free techniques which usually people today might have been trying to sell. And now we acknowledge we now have the blog owner to be grateful to for that. Most of the explanations you made, the easy web site menu, the friendships you aid to instill – it is most awesome, and it’s really leading our son in addition to us know that the subject is fun, and that’s wonderfully vital. Thanks for all!

  14. I must express appreciation to this writer for bailing me out of such a incident. As a result of scouting through the the net and meeting solutions which are not pleasant, I was thinking my life was done. Living devoid of the solutions to the issues you’ve fixed through your short article is a critical case, as well as those that would have in a negative way damaged my career if I hadn’t noticed your web blog. Your good know-how and kindness in controlling everything was priceless. I am not sure what I would’ve done if I hadn’t encountered such a subject like this. I can at this moment look ahead to my future. Thank you so much for your impressive and sensible help. I won’t think twice to refer your web sites to anybody who would like support on this problem.

  15. I in addition to my pals were found to be viewing the best points located on the blog then quickly came up with an awful feeling I had not thanked the blog owner for those techniques. All the people appeared to be totally very interested to read through all of them and now have honestly been enjoying these things. We appreciate you being well accommodating as well as for considering variety of remarkable useful guides millions of individuals are really needing to discover. My very own honest regret for not saying thanks to you earlier.

  16. I’m commenting to let you know of the extraordinary encounter our girl gained using your web site. She realized so many issues, most notably what it’s like to have an ideal teaching spirit to get folks quite simply fully grasp selected complicated things. You undoubtedly exceeded our expected results. Thanks for showing such productive, trusted, educational and even fun tips on the topic to Gloria.

  17. I not to mention my buddies have already been looking at the excellent points located on the blog and then at once I got a horrible suspicion I never expressed respect to the website owner for those secrets. These women had been so very interested to read through them and now have actually been having fun with those things. I appreciate you for truly being really helpful as well as for getting such really good things most people are really desperate to learn about. My sincere apologies for not expressing appreciation to earlier.

  18. I actually wanted to post a word to thank you for those precious recommendations you are showing here. My time-consuming internet investigation has finally been honored with excellent facts and strategies to talk about with my visitors. I ‘d believe that most of us visitors actually are definitely lucky to exist in a notable site with so many awesome people with helpful techniques. I feel rather privileged to have used the weblog and look forward to so many more cool moments reading here. Thanks once more for everything.

  19. I’m also commenting to let you know of the really good discovery my cousin’s princess encountered using your site. She figured out too many details, with the inclusion of what it is like to have a great teaching mindset to have the mediocre ones smoothly thoroughly grasp a number of very confusing matters. You really exceeded my desires. Many thanks for showing those good, healthy, edifying and even easy thoughts on your topic to Julie.

  20. I simply wanted to send a simple note in order to appreciate you for the superb tricks you are posting on this website. My prolonged internet research has at the end of the day been paid with excellent know-how to talk about with my family. I would admit that many of us site visitors actually are undeniably lucky to dwell in a fantastic community with so many awesome professionals with very helpful suggestions. I feel extremely blessed to have encountered your webpage and look forward to plenty of more amazing times reading here. Thanks a lot once more for a lot of things.

  21. I happen to be writing to let you understand what a brilliant experience my wife’s child experienced visiting your blog. She realized a lot of issues, which included how it is like to have an amazing coaching heart to let many people really easily grasp specified specialized topics. You truly surpassed our expectations. Thanks for displaying such useful, trusted, informative and in addition easy tips about that topic to Emily.

  22. My husband and i ended up being very joyful Albert could round up his web research with the precious recommendations he had in your web page. It’s not at all simplistic just to always be freely giving tips and tricks which often others have been trying to sell. And we all do know we’ve got the writer to thank for that. The illustrations you made, the easy web site menu, the relationships your site help to promote – it is everything overwhelming, and it’s really leading our son in addition to the family recognize that that idea is pleasurable, which is quite essential. Thank you for the whole thing!

  23. I intended to write you that very small note so as to say thank you again for your personal amazing pointers you’ve shown in this case. It has been simply pretty generous of you to supply unhampered what exactly numerous people would’ve offered as an e book to make some profit for themselves, chiefly seeing that you might have done it in the event you decided. These tricks additionally worked to become great way to understand that most people have similar desire just like mine to figure out very much more with respect to this matter. I am certain there are some more pleasurable times in the future for individuals who check out your blog post.

  24. I precisely desired to thank you very much all over again. I am not sure the things I would have implemented without the entire advice provided by you concerning such a industry. This has been a real frightening condition in my view, nevertheless noticing this specialised technique you treated it made me to weep for contentment. I am just grateful for the information and as well , believe you comprehend what an amazing job you’re providing teaching others through a site. I am certain you have never met all of us.

  25. I happen to be writing to make you be aware of what a wonderful discovery my cousin’s daughter gained checking your webblog. She realized plenty of issues, not to mention what it is like to have an amazing coaching mood to get the rest completely comprehend a number of advanced issues. You actually surpassed people’s expectations. Thank you for churning out such interesting, healthy, explanatory not to mention cool tips about that topic to Emily.

  26. Thanks a lot for providing individuals with such a marvellous possiblity to discover important secrets from this site. It is usually very terrific plus stuffed with fun for me and my office colleagues to visit your website nearly 3 times every week to read the new items you have. And lastly, I’m at all times amazed concerning the attractive hints you serve. Selected 2 points in this article are really the best we have all had.

  27. I wish to show my appreciation to you just for bailing me out of this type of challenge. Just after exploring through the world wide web and seeing basics which were not helpful, I figured my life was over. Being alive minus the answers to the difficulties you’ve resolved through your entire report is a crucial case, as well as the ones that might have adversely affected my entire career if I hadn’t come across your web site. Your own personal know-how and kindness in controlling all things was vital. I don’t know what I would have done if I had not encountered such a stuff like this. I am able to at this time relish my future. Thank you very much for this professional and effective guide. I won’t be reluctant to recommend your web sites to anybody who needs to have assistance on this issue.

  28. I needed to draft you the very little observation to help say thank you the moment again just for the awesome guidelines you have contributed above. This is certainly seriously generous with people like you to convey freely precisely what many people could have offered as an e-book to make some cash on their own, even more so considering that you could possibly have done it if you desired. These concepts also served as a easy way to be certain that the rest have the identical dreams much like mine to find out a great deal more regarding this condition. I am sure there are thousands of more pleasurable instances up front for individuals who look over your blog post.

  29. I needed to create you this tiny remark in order to give thanks the moment again for all the amazing solutions you’ve shown above. This has been really shockingly generous of people like you to give unreservedly all that a few people could possibly have offered for sale for an electronic book to make some money for themselves, principally now that you could have done it if you ever decided. The tactics as well worked as a easy way to comprehend some people have similar dream just like my personal own to see lots more regarding this issue. I know there are some more pleasurable times ahead for those who discover your site.

  30. I precisely wanted to say thanks yet again. I’m not certain what I might have carried out without those advice discussed by you concerning such industry. This has been a very daunting situation for me, nevertheless looking at the very specialised way you resolved it forced me to jump over delight. I am just happier for your information and as well , sincerely hope you really know what an amazing job you happen to be undertaking teaching many others using your website. Most likely you have never encountered any of us.

  31. I would like to convey my affection for your kindness in support of men who actually need guidance on in this area of interest. Your special dedication to passing the message all through appears to be particularly practical and have all the time encouraged guys and women much like me to achieve their ambitions. Your personal useful recommendations indicates a great deal a person like me and far more to my peers. Thanks a lot; from all of us.

  32. I needed to send you the little word just to say thanks a lot yet again on your striking tricks you have shown above. This is certainly seriously generous with people like you to supply unhampered all a lot of folks could have advertised for an ebook to end up making some money for their own end, most notably now that you could have done it if you decided. The pointers likewise worked as a fantastic way to fully grasp that other people online have the same fervor like my own to realize somewhat more around this condition. I’m certain there are several more fun times in the future for folks who go through your blog post.

  33. Thanks a lot for giving everyone an extremely marvellous possiblity to read from this web site. It can be very nice and also packed with fun for me personally and my office co-workers to search your site particularly thrice in 7 days to find out the new issues you will have. And indeed, I am also certainly amazed with all the terrific secrets served by you. Some 1 areas on this page are really the most impressive we’ve ever had.

  34. I’m just commenting to make you understand of the outstanding experience my wife’s princess found reading through yuor web blog. She mastered plenty of issues, not to mention what it’s like to have a marvelous giving mood to get certain people with no trouble learn about specified multifaceted things. You truly did more than our own expected results. Thanks for distributing those productive, safe, explanatory and as well as easy tips about that topic to Jane.

  35. I needed to create you one little word to help say thanks a lot again for those spectacular suggestions you’ve provided above. This is quite incredibly open-handed of you to supply without restraint what exactly most of us might have marketed for an electronic book to make some profit for their own end, even more so considering that you could possibly have tried it if you considered necessary. The guidelines additionally worked as the fantastic way to recognize that other individuals have the identical dream just as mine to figure out a great deal more with respect to this matter. I believe there are many more enjoyable situations ahead for many who examine your blog post.

  36. I wanted to jot down a small message so as to appreciate you for these amazing strategies you are posting here. My time consuming internet investigation has at the end of the day been paid with awesome facts to exchange with my neighbours. I would point out that most of us visitors are unequivocally endowed to be in a fine site with so many outstanding individuals with very beneficial methods. I feel pretty privileged to have encountered the web site and look forward to tons of more thrilling times reading here. Thank you once more for everything.

  37. I have to show appreciation to you for rescuing me from this circumstance. As a result of looking through the world-wide-web and finding methods that were not beneficial, I assumed my life was over. Being alive without the strategies to the problems you have solved all through the blog post is a serious case, as well as the kind which may have badly affected my career if I had not noticed the website. Your capability and kindness in controlling almost everything was crucial. I don’t know what I would have done if I hadn’t come upon such a subject like this. It’s possible to at this time look ahead to my future. Thanks for your time so much for this expert and sensible help. I will not think twice to suggest your web page to any individual who would like tips on this situation.

  38. I would like to show appreciation to you just for bailing me out of this type of difficulty. As a result of scouting throughout the online world and seeing basics that were not productive, I figured my entire life was well over. Living without the presence of answers to the issues you’ve sorted out as a result of your main website is a critical case, and the ones which could have negatively damaged my entire career if I had not come across your site. Your own personal training and kindness in maneuvering all the things was priceless. I don’t know what I would have done if I hadn’t discovered such a step like this. I am able to at this time relish my future. Thank you so much for this skilled and results-oriented guide. I won’t hesitate to endorse your site to anybody who needs and wants counselling on this subject.

  39. I precisely needed to thank you so much yet again. I’m not certain the things I could possibly have handled in the absence of those opinions revealed by you concerning this situation. Previously it was a real troublesome setting in my view, however , observing the specialized fashion you processed that took me to cry for gladness. I will be thankful for your support and in addition wish you recognize what an amazing job that you’re providing educating people today via your webblog. Probably you have never come across any of us.

  40. I want to show thanks to this writer for rescuing me from this type of scenario. As a result of surfing around through the search engines and meeting notions that were not helpful, I figured my entire life was done. Living without the presence of strategies to the difficulties you’ve sorted out all through your entire website is a critical case, and the ones that would have adversely affected my career if I hadn’t encountered your blog post. The expertise and kindness in playing with all the details was very helpful. I am not sure what I would have done if I hadn’t come upon such a subject like this. It’s possible to at this point look ahead to my future. Thank you very much for this expert and results-oriented guide. I won’t think twice to propose the blog to any person who should get counselling on this matter.

  41. I am glad for writing to make you understand of the excellent experience my friend’s daughter had browsing your webblog. She even learned some issues, not to mention what it is like to have an amazing helping heart to get certain people clearly learn about chosen hard to do things. You really surpassed our desires. I appreciate you for coming up with these effective, healthy, educational and cool guidance on that topic to Ethel.

  42. Thank you so much for giving everyone an extremely superb possiblity to discover important secrets from this website. It is often very great and also stuffed with a lot of fun for me and my office fellow workers to visit your website really thrice a week to read the fresh guides you have. Not to mention, we’re actually pleased with your great strategies you give. Selected 1 facts on this page are truly the very best I have ever had.

WordPress theme: Kippis 1.15