Research On The Criminal Regulations Of The False Advertising Act Of Anchor Live Commerce

In the era of rapid development of Internet technology and network communication services,live streaming products have emerged as an emerging thing.During the epidemic,they have shown great industrial value and commercial potential,but they have also exposed many problems while growing wildly.People call for legislative supervision and industry regulation on live broadcasts,but they ignore the interpretation and application of existing relevant laws and regulations."Live delivery of goods" is not a precise concept.The use of live delivery of goods mainly includes advertising and sales models.With the professionalization and industrialization of the live broadcast industry,what people call "anchor live delivery of goods" "Mainly the live-carrying behavior under the advertising mode.Regarding the false propaganda behavior in the live broadcast of the host,it should be based on the "subjective and objective interpretation theory" as the theoretical basis,based on the analysis of legal interests,and based on the protection of legal interests and the difference in behavior content,it is considered that the false propaganda behavior in the live broadcast of the host is not It constitutes a crime of fraud.Based on the difference between the actors and the content of the behavior,it is believed that the false propaganda in the live broadcast of the anchor does not constitute a sales crime.It also discusses and analyzes the controversial issue of the application of the crime of false advertising for the false propaganda behavior of the anchor live broadcast.In terms of objective lawlessness,the live broadcast content of the anchor can constitute a commercial advertisement if it satisfies the characteristics of dissemination,introduction,and commerciality.In addition,the main identity of the anchor should be determined based on the main causality of the advertisement content and the anchor’s dominant control over the generation of the advertisement content.In terms of subjective responsibility,the crime of false advertising requires the anchor to have criminal intentions for false propaganda,but this does not require the anchor to have a normative level of knowledge of the behavior,but only needs to reach the level of social awareness of general consumers.Profit-making does not affect the establishment of deliberate.In response to other dilemmas in the application of the crime of false advertising,such as lack of connection of executions,uneven distribution of responsibilities,and difficulty in identifying"serious circumstances",it proposes a perfect execution transfer system,based on the rebalancing of the main body of advertising responsibilities in the Internet era and the substantive interpretation of "serious circumstances" related countermeasures.