Research On Tort Liability Of Live Broadcast E-commerce Platform

The appearance of live broadcast e-commerce has greatly changed people’s shopping style and lifestyle,making shopping faster.At the same time,it also provides convenience for unscrupulous merchants to sell fake and shoddy goods on the live broadcast e-commerce platform.Incidents such as “selling fake bird’s nest in Simba”and “selling fake sweaters in Luo Yonghao” that infringe on consumers’ rights and interests frequently occur,causing an uproar in the society and a relatively bad impact.As the main carrier of live broadcast e-commerce activities,the live broadcast e-commerce platform should fulfill the obligation of controlling risks,take responsibility for the consequences of damage,what kind of responsibility it should take and how to take responsibility,while gaining huge profits.It is of great significance to clarify this series of issues for rectifying the industry ethos,protecting consumers’ rights and interests,and promoting the orderly development of new formats.At present,the main problems existing in the tort liability of the live broadcast e-commerce platform in China are that the legal role of the live broadcast e-commerce platform for tort liability is not clear,the law does not clearly stipulate the legal obligations that the live broadcast e-commerce platform needs to perform,and the liability form of the live broadcast e-commerce platform for tort liability.There are still some controversies about the definition of the legal role of live broadcast e-commerce platform in different situations.This paper argues that the roles of live broadcast e-commerce platform,including “e-commerce platform”,“advertisement publisher”and“network service provider”,should be specifically identified according to their different roles in live broadcast e-commerce activities,and their legal obligations and responsibilities should be identified according to the above three roles.In addition,due to the late rise of China’s live broadcast e-commerce industry and the lack of theoretical precipitation of the corresponding legal system,legislation,judicature and supporting measures have not been perfected.F or example,in terms of legislation,the existing laws and regulations fail to fully identify the tort liability when the live broadcast e-commerce platform is in different legal roles,the identification standards of“knowing”and “necessary measures”are vague,and the application of “corresponding responsibilities”is unclear;There are some problems in judicial practice,such as uneven distribution of burden of proof and backward accountability mechanism.In terms of supporting measures,there are some problems,such as insufficient regulation effect of industry self-discipline convention,low enthusiasm of social supervision and unsmooth channels.This paper studies the theoretical basis,legislative status and judicial status of the tort liability of the live broadcast e-commerce platform,sorts out the clauses of the tort liability of the live broadcast e-commerce platform in different levels of laws and regulations in China,analyzes the overall situation of the tort liability cases of the live broadcast e-commerce platform in judicial trials in China,and makes a concrete analysis of typical cases.Then,it draws lessons from the relevant systems of tort liability of live broadcast e-commerce platforms in the European Union,the United States and South Korea,and summarizes the relevant enlightenment to improve the tort liability of live broadcast e-commerce platforms in China.Finally,the following suggestions are put forward to improve the tort liability of the live broadcast e-commerce platform in China: in terms of legislation,perfect laws and regulations so as to fully identify the tort liability when the live broadcast e-commerce platform is in different roles,clarify the identification standards of“knowing”and “necessary measures”,and clarify the applicable standards of “corresponding responsibilities”;In the judicial aspect,adjust the corresponding burden of proof and improve the accountability mechanism;In terms of supporting measures,we should establish an effective self-discipline mechanism and strengthen the enthusiasm and participation of social supervision.It is expected that this study will provide some reference for solving the tort liability problem of live broadcast platform.