| Since the end of 2019,the raging new crown pneumonia epidemic has caused a huge impact on offline sales.However,with the continuous progress of digital technology and technological means,live streaming has grown against the trend and has become a new sales model and a new economic growth point.In 2020,the Ministry of Human Resources and Social Security issued an announcement to add a "live broadcast salesperson" job type,responsible for carrying out goods delivery activities in the form of live broadcasts or short videos.At present,merchants,anchors,and platforms are actively carrying out live broadcasts,and the boom has swept the country,effectively stimulating the recovery and development of the local economy.However,behind its rapid development,there are frequent problems,and the chaos in the live broadcast delivery industry needs to be regulated urgently.Therefore,the research on the legal regulation of live streaming in this paper is of great significance in theory and practice.On the basis of a general analysis of domestic and foreign researches on live streaming and its legal regulation,and on the premise of exploring the definitions of live streaming in some currently valid normative documents,the paper clarifies the concept and characteristics of live streaming.Guided by the "people-goods-field" theory,the theory of the consistency of rights and obligations,and other related theories,this paper sorts out the legislative status of the legal regulation of live broadcast delivery at the national and local levels,and takes the "Simba’s fake bird’s nest case" as a typical case to reveal The outstanding problems it reflects:The Simba team’s behavior of promoting and recommending sugar water as bird’s nest involves false propaganda,and the unbelievable tens of millions of people and viewers displayed in the live broadcast room of Kuaishou platform as the carrier involves swiping traffic,the anchor The opaque income of goods carrying goods by merchants and other entities involves tax evasion,and the evasion of all parties after the consumer rights and interests are infringed upon will make it difficult to compensate for damages.At the same time,in the absence of special legislation and the vague definition of relevant normative documents,the legal regulation of live broadcast delivery often falls into a predicament that cannot be followed.,the problem of legal regulation of live streaming has become more and more serious.In view of this,it should be clarified that the goal of building a legal regulation system for live streaming is to protect the legitimate rights and interests of consumers,create a good live streaming ecosystem,and promote the compliant development of the market economy.In the construction process,the principles of equal protection,fairness and openness,and reasonableness must be adhered to.The principle of sexuality and coordination,so as to establish the direction of action as a whole,and put forward the basic framework of the legal regulation system for live streaming,mainly including the form system and the content system.Finally,suggestions on the legal regulation of live broadcast delivery are proposed from a diversified perspective,hoping to build a legal regulation system for live broadcast delivery to promote the orderly and compliant development of live broadcast delivery.After research,the paper proposes to start from the following three aspects:（1）At the legislative level,it is necessary to speed up the systematic construction,whether it is to take advantage of the revision of laws and regulations to carry out separate legislation or to choose a more traditional integration into existing laws.At the same time,it is necessary to clarify the multi-legal relationship with the anchor as the core;（2）The supervision level should coordinate the joint efforts of the departments,industries and platforms.Departmental supervision needs to improve legal supervision principles,enforceable supervision rules,procedural supervision mechanisms and technical supervision methods;industry supervision should focus on the establishment of industry associations,industry norms,and process-based information disclosure and punishment mechanisms;platforms On the premise of focusing on improving existing measures,supervision should be more innovative,and try to adopt a datadriven deregulation model;（3）The judicial level should pay attention to the relevance,legality and authenticity of evidence,and clarify the burden of proof in the trial.Improve the professional level of Internet courts in handling cases of live streaming,and provide reference precedents for regulating violations of laws and regulations. |
