| Since its emergence in 2016,the live broadcast industry with goods has become an emerging Internet industry,which rely on the advantage of timely produce showing,low price equaling to group buying and detailed produce information.However,because of its rapidly development,a series of legal problems have been exposed in the bilateral buying and selling relationship between the owner and consumers.Currently,"advertisement law","product quality standard","consumer rights and interests protects a law" and other department,and the related department issued guidance,specification and other legal documents,has related issues of all of them.But,because of the lag characteristics of the law itself,a series of false advertising problems,product quality problems become even more violent,which did not get corresponding legal regulation.Therefore,this paper discusses the legal regulation of the main broadcast with cargo,aiming to find out the problems in the current legal system,analyzing the causes of the problems,and putting forward corresponding solutions.This paper is divided into three parts.The first part starts with the development status of live broadcast with cargo,elaborating its development process and current status.Then,writer focuses on the important role that leads the development of the industry,namely the main broadcast with cargo,and analyzes the current development characteristics of this profession.The second part is from the host broadcast,listed the current host broadcast in the legal regulation of the problems,and analysis of its causes.First of all,starting with the identity definition of the host broadcast with cargo,this paper puts forward the problem of unclear identity positioning existing in different branch laws.Secondly,in terms of the definition of its behavior,it still starts with different department laws and puts forward the problem of the difficulty in regulating the behavior of the main broadcasting part of the cargo.Again,this paper puts forward the difficulty in defining the legal liability of the carrier broadcasting in different departments.Finally,the subject of the problem is shifted to the supervisory and administrative departments,and the problem of the lack of obligations of the four supervisory and administrative departments,the Internet Information Office,the advertising association,and the network broadcast platform is analyzed in detail.The third part is aimed at the above problems,put forward the corresponding solutions.First of all,from the perspective of legislation,the author gives suggestions on the precise identity definition of the host broadcast with goods in different department laws,and analyzes under which circumstances it should be defined as advertising spokesman,advertising publisher,producer,seller,operator and so on.Secondly,for the above-mentioned anchor behaviors that are difficult to regulate,the author classifies them into the definition of false advertising and improper competition in different department laws,so that they have laws to follow.Thirdly,in view of the current professional phenomenon in the main broadcast industry,this paper puts forward the construction of the standard system of the main broadcast industry,and puts forward the construction of a complete industrial standard system from three aspects:industry access system,career grading management system,and regular training and assessment system of the industry.Then,from the point of view of law enforcement,it still starts with the four regulatory subjects and puts forward some suggestions to make up the regulatory vacancy.Finally,from the judicial point of view,it is proposed that the subjective initiative of judicial personnel should be exerted flexibly to apply the basic principles of law and give play to the role of case guidance system. |
