The Legal Liability Of Participants In “Live Commerce” And Its Risk Prevention

The development of network information technology and the popularization of smart terminals have made " live commerce " a new trend in online shopping.However,there have also been many industry chaos and legal disputes at the same time,which have brought risks to the healthy and vigorous development of the industry.In order to resolve the legal disputes of " live commerce " and prevent the risks,it is urgent to clarify the legal relationship between the participants in different disputes,and determine the legal status and legal liability of each participant.The article mainly uses normative analysis and empirical analysis,starting from the Civil Code,the E-commerce Law of the People’s Republic of China,the Law of the People’s Republic of China on the Protection of Rights and Interests of Consumers,the Advertisements Law of the People’s Republic of China and other laws and regulations closely related to "live commerce".Through the analysis of the main modes and main disputes of "live commerce",to clarify the legal liability of each participant.The article expands from the following five aspects:The first part is the introduction of "live commerce",explaining the background and significance of the research,classifying and summarizing the relevant literature,summarizing the opinions of various scholars,and clarifying the research methods and innovations of the research.The second part summarizes the concept and development status of "live commerce",determines its participants and analyzes the main cooperation modes between the subjects.When resolving disputes about “live commerce”,it is necessary to clear the legal liability of four types of participant,including network platforms,merchants,anchors,and MCN agencies.And the modes of “live commerce” also should be classified from the perspective of the network platform and merchantsanchors according to their legal acts.The third part analyzes the main disputes and the various legal liability involved in the "live commerce",in order to study the current dilemmas in clarifying the legal liability of each participant.The main disputes of "live commerce" include product quality disputes,false propaganda disputes,consumer rights disputes and false data disputes.Many existing laws rule civil liability,administrative liability and criminal liability regulations for different participants in various disputes.However,combined with the analysis of relevant cases,it is found that there are some dilemmas.At the legislative level,the relevant regulations are relatively vague and not detailed enough.At the theoretical level,there is still a dispute over the legal nature of "live commerce",which makes it difficult to determine the legal status of each participant.The fourth part is to break through the dilemmas of liability determination by clarifying the legal relationship of each participant in different cooperation modes and determining the legal status of each subject.Based on the above research,suggestions are made for its responsibility undertaking from four aspects: network platform,merchant,anchor,and MCN agencies.The fifth part puts forward suggestions for reducing various legal disputes and preventing “live commerce” legal risks from four aspects: improving legislation,joint law enforcement,industry self-discipline,and strengthening legal education,after the above analysis.