| It has been three years since the outbreak of COVID-19 epidemic,which has seriously affected people’s daily life and the economy.Under this particular circumstance,Live streaming platforms topped the traffic and live-streaming e-commerce is becoming more and more popular.Unlike Taobao and other traditional e-commerce platforms,of which the commission,the cost of shop decoration and the entry threshold are getting higher,Tik Tok and other live broadcast platforms created a new retail model with lower cost of goods,and the popularity of 5G added new vitality to live broadcast with goods.Compared with traditional online shopping,live delivery is a revolution,and it is superior to traditional online shopping in terms of service terminal,purchase channel,sales channel,transmission channel and data flow.Every viewer can become a potential consumer,and with the help of smart phones,they can interact with anchors in time without regional restrictions.While it is convenient,the risk of live-streaming e-commerce is also quite prominent.For example,there are many consumer fraud problems,such as consumer trap,false propaganda,fake or shoddy products and so on.When the consumer have a dispute with the broadcaster,there are no laws to protect consumer’s rights.According to the Statistical Report on Internet Development of China in the first half of 2020,the number of live e-commerce users reached 309 million,accounting for 41.3% of online shopping users.In the first half of 2020,there were more than 10 million live broadcasts by domestic e-commerce,with more than 400,000 active anchors and more than 50 billion viewers,which raise a question of whether the live broadcast industry can develop in a benign and orderly manner.The good,stable and sustainable development of every emerging network economic model cannot be achieved without the reasonable supervision of supporting laws.As a typical new industry of network economy in the 5G period,direct broadcasting with goods has brought considerable pressure to the current laws in China.In 2020,the Ministry of Human Resources and Social Security and other departments released information on the new occupation of Internet marketer,which includes live banders as a new occupational category-live salesman.Network marketers are suspected of breaking the law in a variety of marketing behaviors,the most common behavior is false advertising behavior.According to the current "Protection of Consumer Rights and Interests Law",false advertising does not constitute commercial consumer fraud,but compensation can be obtained.According to the "Anti-Unfair Competition Law,the act constitutes unfair competition,but no compensation can be obtained.In addition,according to the Civil Code,false advertising in live streaming can be understood and recognized as: the "anchor party"intentionally informs about the false properties of the product or conceals the truth that must be informed;the consumer is put into a false understanding;the consumer is forced to make incorrect meanings decisions due to the lack of experiences.Therefore,even if the live salesman promoted false information,exaggerated the function but did not complete the transaction process does not constitute fraud,only the live salesman at the same time to the consumer caused the above-mentioned situation constitutes consumer fraud.On the other hand,according to the"Measures for the Punishment of Infringement of Consumer Rights and Interests" and other relevant provisions,a live salesman who misleads consumers with false information and fails to provide direct and effective proof of non-deception and non-misleading consumers constitutes"fraudulent behavior".However,no matter which basis of claim is sought,it is difficult to compensate for the victimization of consumers in false advertising.In the context of professionalism,How to construct the liability of online marketers,especially civil liability,is the focus of this essay.Therefore,this paper analyzes and compares the changes in the type of live banding professionalism and illegal behavior,the dilemma of applying liability for live salesman’s false propaganda behavior,the necessity and feasibility of constructing a typology of liability for live salesman false propaganda behavior and the construction of a typology of liability for live salesman false propaganda behavior,ect.From the above four aspects,we analyze how to construct the liability of false propaganda under the current legal system in China.Since professional marketing has its own special characteristics,we hope that this will attract more experts and scholars as well as legislative bodies to pay attention to and study the issue of liability for professional marketing misrepresentation. |
