The Tort Liability Of The Anchor Of Live Streaming Ecommerce

In 2020,due to the impact of the epidemic,online live streaming has formed a "boom" sought after by the whole people,and the core reason why this marketing model has achieved great success is that it realizes the connection between the advertising industry chain and the e-commerce industry chain through network technology,thereby improving the integrity and operational efficiency of the e-commerce industry chain.According to data released by the China Consumers Association,as of 2021,the size of China’s online live streaming market has reached 521.1 billion yuan.With the passage of time,this emerging marketing model has become more and more favored by merchants and their consumers,but at the same time,it has also exposed many legal issues that need to be solved.Anchors are the core players in the development of online live streaming and delivery,which will not depart from the category of commercial advertising spokespersons in essence,but some characteristics are different from traditional commercial advertising spokespersons,which poses new challenges to the existing advertising law system.Therefore,this article will discuss the relevant issues of the infringement liability of anchors with goods,analyze the dilemma of the application of the current law,and put forward relevant suggestions for improving the advertising infringement liability system in China to prevent improper application of law in the future.This article is divided into five chapters:Chapter 1 is an introduction.It mainly summarizes the research status of issues related to the assumption of legal responsibility of anchors with goods.At present,China’s current legal system does not clearly stipulate the legal identity positioning and responsibility of anchors,and the academic community has not formed a unified theoretical system on this issue,and the anchor directly facing consumers is an important role in online live streaming,so it is urgent to discuss the legal responsibility of anchors to protect the legitimate rights and interests of consumers.Chapter 2 is provides an overview of webcast streamers.The basic concept,development process and legal nature of online live streaming are briefly described,and the typological analysis of online live streaming anchors is carried out,and the reasonableness of the infringement liability borne by the delivery anchor is expounded,so that readers can have a preliminary understanding of online live streaming and its anchors.Chapter 3 is the particularity of the determination of tort liability of anchors with goods and the challenges to the advertising infringement liability system.Although the anchor with goods will not depart from the category of commercial advertising spokesperson in essence,it can be trusted by consumers more than the traditional commercial advertising spokesperson,so the legal liability of the anchor with goods has its own particularity,and the current advertising tort liability system cannot be rigidly applied.Specifically,the challenges to the advertising tort liability system by the infringement of the anchor include: unclear legal identity of the anchor,unreasonable setting of the principle of attribution,unreasonable setting of the sharing of responsibility of the anchor,and difficulty for consumers to present evidence.Chapter 4 is the prior regulation of the infringement of anchors in live streaming.The law shall strictly regulate the infringement of anchors with goods in advance,and minimize the possibility of infringement by anchors with goods as much as possible.First of all,we must clarify the legal identity of the anchor with goods,which is the basis for determining the responsibility of the anchor with goods.Second,various preventive systems should be established,specifically: strengthening the obligation of anchors to review the substantive content of live streaming,establishing a disclosure system for hidden delivery purposes,introducing punitive damages,and establishing joint consumer litigation procedures.Chapter 5 is the construction of rules for bearing the responsibility of online live streaming anchors.From the perspective of tort liability law,this chapter makes suggestions on the constituent elements of tort liability,the principle of attribution,the scope of liability,the rules for sharing responsibility,and the reasons for exemption.Specifically,the presumption of fault in the principle of fault liability should be applied to the anchor with goods,and he should bear conditional joint and several liability in terms of responsibility sharing,and be partially or fully exempted from liability in both the circumstances of the victim’s intention and negligence.