Research On Liability Of Product Quality Dispute During Assisted Live Streaming

The spread of information networks has enabled social life to develop more rapidly than in the past.Under the influence of the new crown pneumonia epidemic in recent years,the live streaming industry has risen rapidly on the Internet.While the popularity of this emerging industry is increasing,the occurrence of defects in product quality,defects in product quality,excessive false publicity and other problems in live streaming goods has caused different degrees of damage to consumers’ rights and interests,and then the complexity of the identity of the subject when seeking judicial remedies and the problem of mutual blame between various subjects have brought a lot of room for discussion in the field of Internet transactions.According to the cooperation mode and legal relationship between the participants of live streaming delivery,two main modes of self-operated live streaming delivery and assisted live streaming delivery are summarized.Assisted livestream is a livestream delivery mode in which merchants entrust e-commerce human anchors to sell products live and pay certain pit fees and commissions.Based on the judgment cases in practice,this paper discusses the nature of live streaming delivery behavior around the mode of assisted marketing live streaming delivery.After determining the nature of behavior,it analyzes the responsibilities that main participants should bear when product quality disputes occur in live streaming delivery.By drawing on relevant theoretical materials in the field of live streaming and reading the relevant literature and views of scholars,this paper discusses relevant issues around the assisted live streaming mode that appears in the case from the case,the first part is an overview of the case and the focus of the dispute,the second part determines the nature of the assisted live streaming behavior,the third part is to analyze the responsibilities of each entity in the product quality dispute in the assisted live streaming goods,and the last part is the conclusion.In addition to the introduction and conclusion,the topics in the main text are described below.The first part is a brief overview of the basic information of the case,introducing the focus of the dispute in this case,and summarizing the issues to be studied in this article,that is,whether the nature of the assisted live streaming behavior is commercial advertising or entrusted agency,and how product liability should be divided among various entities.The second part focuses on the focus of the dispute,discusses the nature of live streaming behavior,summarizes the current theoretical controversy in the academic circles,that is,the tendency to commercial advertising or entrusted agency,and then analyzes the rationality of this paper advocating the nature of live streaming as commercial advertising.The third part focuses on the main participants in the assisted live streaming goods,analyzes the responsibilities of each entity in the event of product quality disputes in the live streaming goods,summarizes the basis and scope of the host,merchant and platform liability for breach of contract and tort liability,retrieves the jurisprudence on such cases that appear in judicial practice,further clarifies the dilemma of the complex liability of the subject in legal disputes related to live streaming goods,and provides a constructive guarantee for consumers to seek judicial remedies more clearly.