Research On The Legislative Perfection Of The Protection Of Consumers’ Rights And Interests In Live Stream Sales

Under the background of rapid development of China’s economy,continuous improvement of communication technology and widespread popularity of mobile devices,live stream sales,which as a brand new business model has a technical basis for the development.At present,live stream sales as a new outlet for the development of live e-commerce,the scale of live stream sales continues to grow.At the beginning of 2020,affected by COVID-19’s epidemic situation,great changes have taken place in the marketing environment,traditional offline sales have been forced to switch to online,consequently,live stream sales have become popular all over the country.However,in the meanwhile,there are a number of consumers’ rights and interests protection issues that have gradually emerged.The Code of Conduct for Webcast Marketing issued by the China Advertising Association came into effect on July 1,2020.The Code stipulates the rights and obligations of merchants,anchors,platforms and other participants in live stream sales.It has strong theoretical and legislative significance.However,as a self-disciplined document,the "norm" mainly advocates autonomy and is not mandatory.At the same time,there is no mention of the nature of the behavior of the anchor in the process of live stream sales,the legal relationships between the involved subjects even,there is no mention of the responsible parties in the event of product or service disputes.Therefore,we can easily draw a conclusion from the current laws and regulations of our country,that is,when it refers to the protection of consumers’ rights and interests in the live stream sales,there are some legislative problems such as the related legal provisions are simple and scattered,the content is clearly lagging behind.Problems such as strong principle and poor maneuverability also make it difficult to meet the needs of consumers’ rights protection in live stream sales.What mentioned above is showed in different dimensions.On the issue of the protection of consumers’ right to know in the live stream sales,in the process of consumption,consumers only rely on the introduction and publicity of the anchors in the live studio,so consumers know very little about the sellers or producers of the goods.As a result,it is difficult to find merchants to pay compensation if there is an after-sale problem.On the issue of consumers’ security protection,due to the novelty of the live stream sales model,the payment method needs to be improved,and the payment security needs to be improved as well.At the same time,consumers’ network information security will also directly affect consumers’ network property security.On the issue of the protection of consumers’ fair trading rights,because of the virtual and long-distance nature of online shopping,consumers cannot feel the product quality at close range,the misunderstanding information and data fraud in live stream sales will mislead consumers and violate the principle of fair trade.On the issue of the protection of consumers’ claim rights,the current after-sales system is not perfect,it is inconvenient for people to complain,and the high cost of complaint makes people think it is unworthy to sue sellers or manufacturers for goods with low prices.Combined with the national conditions of our country and the actual situation in the live stream sales,it is high time for us to improve and perfect the consumers’ rights and interests protection system.Strengthen the protection of consumers’ right to know transaction information: expand the subject of information disclosure obligations in the live stream sale;clarify the legal liability of each subject for violating the obligation of information disclosure.Strengthen the protection of consumers’ right to security in live stream sales:strengthen the protection of consumers’ information security;strengthen the protection of consumers’ property security.Strengthen the protection of consumers’ fair-trading right in live stream sales: improve product quality and pay more attention to regulatory system;clarify fraud identification standards and legal liability.Improve the relief system of consumers’ rights,improve the anchorman’s advanced compensation system;broaden the channels for consumers to sue legal rights protection: build the online arbitration system of consumer disputes;set up consumer dispute online courts for people purchasing low price goods;set up the rule of inversion of the burden of proof;introduction of block chain forensics.