Research On The Legal Regulation Of Live-streaming E-commerce Platform

Live-streaming e-commerce combines real-time image and audio transmission technology and Internet information technology.As a new mode of commodity promotion and publicity,it is favored by major network platforms.With more and more network platforms setting up live broadcast channels,and various live broadcast and delivery platforms developing delivery business lines,live broadcast and delivery are becoming more and more popular,which also brings many illegal problems such as infringement of consumers’ rights and interests.However,for the platform that causes this phenomenon,it is facing difficulties in legal regulation.The most important problem is that the legal attribute of the live broadcast platform is not determined.Therefore,it is difficult to choose a regulatory tool to properly regulate the network platform that has participated in live broadcast of goods content under the condition that the network platform should not be responsible for the legitimacy of the information in the platform.Since the main mode of live broadcasting with goods is the promotion of goods and services,and can be clearly distinguished from the transaction link,it can be classified as commercial advertising.Starting from the behavior to the subject identification mode,it should also be recognized that the live broadcasting with goods platform should be regulated by the "advertising law".In the process of applying the advertising law,there may be difficulties in the online performance of the offline obligations of the advertising subject.We should construct the appropriate identification standards and explain the rules and principles of the legal obligations,and at the same time,through the legal confirmation of the multiple control mechanism,in order to achieve and promote the standardized development of the direct broadcasting platform.From the above logic,this paper is divided into five parts.The first part describes the current situation of the regulation of live broadcasting platform with goods,mainly from the analysis of the existing administrative specification documents,clear that the existing problems lie in the subject identification and application of norms,and the relevant investigation of industry norms.The second part determines the legal nature of the live delivery platform,and confirms that the live delivery platform should be regulated according to the logic of the advertising law and other laws(like electronic commerce law and civil code),but it needs to be adjusted accordingly.The third part is the explanation of the advertising law theory and platform regulation theory,combined with the theory to prove and determine the obligation of the live delivery platform,and based on the theory to provide ideas for the allocation of responsibility and obligation.The fourth part is the reference of foreign laws and regulatory theories,and gives some reference ideas for the regulatory suggestions of live broadcasting platform.The fifth part includes the suggestions on the regulation of live-streaming e-commerce platform,respectively from the construction of regulation mode and the determination of regulation content standard.The innovation of the research lies in keeping up with the current events,making reasonable legal judgments and relevant suggestions with reference to the existing theoretical results,and further applying the regulatory theory of network platform to the complex situation of live broadcasting with goods.In the past literature,the identification of the platform subject is more complex,and the subsequent regulation means are more abstract.It confirms the unified regulation method under the advertising law,and makes a response to its particularity.It is hoped that this study can further solve the regulation problem of the live-streaming commerce platform and will become the reference of legal practice.