Legal Regulation Of Misrepresentation In E-commerce Live Broadcasts

E-commerce industry after years of development,the new flow dividend is exhausted,customer costs rise.At the same time,with the continuous breakthrough of smart hardware technology and the innovative development of mobile Internet,the live broadcast e-commerce model generated by the mutual integration of mobile social platform,mobile e-commerce platform and mobilecontent platform will bring new development opportunities for the promotion and publicity of products and services,the increase of sales volume and the innovation of marketing model.Broadcast e-commerce is characterized by diversified channels,low industry threshold,strong real-time interaction,etc.However,these advantages and characteristics not only promote the rapid development of the live broadcasting industry,but also increase the risk of illegal activities,provide convenient channels for false statements,and bring great difficulties to the supervision and law enforcement of live broadcasting e-commerce.As above,the current legal and normative system of the live broadcast e-commerce industry is mainly based on industrial norms,supplemented by some departmental regulations.The lack of systematic norms leads to confusion in application.There is a vacuum in law enforcement and supervision,and the false statement and responsibility distribution of anchors cannot be correctly identified.So we should pay attention to this article,from the macro and micro level,clarify the regulatory responsibility,build a scientific and complete supervision system,specifically on the one hand,and communities to live platform as clear live platform in current industry situation to participate in the main body,the type of business model and live,to clarify the main body right foundation legal relationship,responsibility allocation between elements;In "responsibility" at the same time under the background of law,on the basis of the platform shall undertake liability for false statement behavior of anchor must have a sense of legitimacy,theoretical basis,so the fault in the field of civil law theory,this paper,reward theory,control theory of risk liability and responsibility content control theory to interpret the new live with cargo scenarios platform to perform the duties and responsibilities.On the other hand,anchors(including MCN),another subject of live streaming e-commerce,are also another important object to be considered in system design.In the current judicial practice "anti-unfair competition law"adjusting range of false statements and the adjusting range of false advertising in the "advertisement law" is crossed,in false advertisement is essentially as a means of special laws and regulations system,so decide how to anchor with cargo behavior under what circumstances shall be considered advertising behavior,circumstances and in "anti-unfair competition law" regulation range is the focus of this article.Through the preparation of the second and third parts of the article,the participants,legal relations and business models in different situations of live streaming e-commerce are clarified,which lays a theoretical and practical foundation for the proposed regulatory countermeasures in the fourth chapter.So in this article,through the analysis put forward the preliminary conception on the allocation of the burden of the regulatory framework and:first,clear the principle of regulation and regulatory body,live in promoting electricity industry healthy development on the basis of prudential regulation,at the same time,with live platform regulation for according to the proportion principle to establish the order of market and development,makes the ",work,sharing "the management pattern;Secondly,we should start with the supervision before,during and after the event,and plan a scientific and efficient supervision pattern:the supervision in advance focuses on the establishment of the industry access mechanism,and the reasonable industry access threshold should be established from the two sides of the platform and anchor(as well as MCN institution).In-process supervision focuses on platform autonomy and compliance operation,and provides feasible solutions for content management and risk prevention and resolution of live streaming e-commerce by establishing a rule system of user participation in governance,an institutional system of platform hierarchical governance,and a scientific system of artificial intelligence filtering system.Post-supervision starts from the perspective of liability distribution,defines the nature of false statements in live streaming e-commerce,and analyzes the responsibility distribution methods of anchors(including MCN organizations)and platforms from the perspective of administrative liability and civil liability respectively.