On The Determination Of The Seller’s Civil Liability In Livestreaming Marketing

Livestreaming marketing is an innovative online shopping model that has attracted the love of consumers since its launch.However,due to the profit seeking nature of capital,sellers will naturally try their best to transfer risks to consumers in order to increase profits and reduce costs.Consumers are naturally in a disadvantaged position in online transactions,and their legitimate rights and interests are easily infringed upon by the seller’s improper behavior.The civil liability system is an important means to restrain the seller’s behavior in in livestreaming marketing and the basis to protect the legitimate rights and interests of consumers.However,due to the numerous participants in livestreaming marketing,complex legal relationships,and the continuous emergence of new activity models,the actual sellers as sellers and live streaming streamers may play different roles in different models.It is difficult for legal norms to list fresh new situations in social practice.The newly issued legal documents only have optional statements such as "If live streaming content constitutes commercial advertising,the responsibilities and obligations of advertising publishers,advertising operators,or advertising spokespersons shall be fulfilled in accordance with the provisions of the Advertising Law".This increases the difficulty of determining the civil liability of the seller and timely protecting consumer rights and interests.There are also disputes in academic circles about the legal nature of livestreaming marketing,the legal status of the seller,how to choose the applicable law,and the final determination of civil liability.This article starts from the fundamental attributes of livestreaming marketing,clarifies the legal status of sales methods in different models,and solves the problem of how to determine the civil liability of sales parties.Firstly,on the basis of elaborating on the concepts of livestreaming marketing and sales parties,analyze the legal attributes of livestreaming marketing,and explore the legitimacy of categorizing anchor sales behavior into advertising behavior.Secondly,it is necessary to study the dilemma of determining the civil liability of sellers in livestreaming marketing and to determine the civil liability of sellers.Thirdly,based on two different models of livestreaming marketing,determine the legal status of sales methods separately.In the merchant direct sales model,the authentic anchor and the actual seller are the same subject,while the professional anchor and the actual seller are different subjects;In the talent cooperation model,live streaming and sales anchors belong to the competition of advertising entities,and their legal status varies depending on their responsibilities.Fourthly,based on the legal status of livestreaming marketing sales methods,analyze the civil obligations of the seller.Finally,combining existing legislation and judicial judgments,explore the civil liability that sellers should bear.