Research On The Legal Issues Of Live Broadcast Carrying Goods

Since Taobao Live was born in 2016,the popularity of live streaming has remained high.Live delivery of goods creatively combines the three elements of "people,goods,and fields",increasing marginal benefits,and square transmission.Therefore,under the background of the new crown pneumonia epidemic,the country’s targeted poverty alleviation,and rural revitalization strategies,live broadcast delivery has become more and more successful.favored by the capital market and the general public.At the same time,legal issues related to live delivery of goods are also emerging.Therefore,it is necessary to systematically study the legal issues existing in live delivery of goods,analyze the causes of the problems,and put forward sound suggestions.Based on the current judicial practice of live streaming,this paper summarizes and summarizes the basic theories related to live streaming on the basis of systematically sorting out the historical development of live streaming.This article selects 40 judgment documents related to live streaming and delivery of goods in2021 by intermediate courts and some basic-level courts across the country for in-depth research,comprehensively and carefully analyzes the problems existing in judicial practice of live streaming of goods,and puts forward relevant theoretical suggestions and legislation.countermeasures.Specifically,the article is divided into the following four parts:The first part :Some basic concepts related to live streaming.This paper expounds the definition of live broadcast delivery,and sorts out the development history and basic model of live broadcast delivery.It comprehensively analyzes the characteristics of live streaming,the reasons for its rapid development,and the legal regulations it is subject to.The second part: the status quo of judicial practice of live streaming.The overall analysis and typological analysis of the selected 40 cases are carried out,and it is pointed out that there are mainly three types of cases in my country’s current judicial practice: service contracts between merchants and MCN institutions,labor disputes between anchors and MCN institutions or merchants,and online shopping contracts.Part III: Legal issues with live streaming.On the basis of the previous analysis,this paper systematically summarizes the legal problems in three aspects of live streaming in my country.The first problem is that the anchors make false propaganda in live shopping,and it is difficult for consumers to protect their rights,but the anchors are rarely held accountable,because whether the anchors constitute advertising spokespersons is controversial in theory and practice.When there is a labor dispute between an anchor in a live broadcast and an MCN agency or a merchant,the courts in different places have different judgments.The biggest difference is the difference in the determination of "management" and "personal dependence" in the sense of labor law;the third problem lies in the merchants.In the service contract with the MCN agency,the merchants do not know how to avoid legal risks,spend huge service fees,stock up a lot of goods,and the final sales are bleak,and the losses are difficult to make up.The fourth part: Specific suggestions for improving live broadcast delivery.First,for false propaganda: it is clear that live streaming is an advertising activity when the anchor has a large number of fans and recommends it in their own name.It is recommended that the anchor who constitutes the spokesperson of the advertisement be blamed by the presumption of fault,and the burden of proof will be placed Shift from consumers to anchors;secondly,strengthen administrative supervision: expand the scope of supervision,strengthen the punishment and admonition of leading anchor operators,and strengthen platform supervision again: raise the entry threshold,organize professional training for anchors before they take up their jobs,and strengthen the live broadcast of the platform The construction of the inspection team has smoothed the channels for consumer complaints.Second,for labor disputes between the anchor and MCN or merchants: it is recommended not to make judgments directly based on the name of the contract,but based on the actual performance of the contract,combined with the substantive criteria of the substantive standard of the live broadcast delivery mode,in the self-operated mode In other words,when businesses cultivate their own anchors,they tend to think that it constitutes a labor relationship.Under the other-camp model,the anchors and MCN institutions form a cooperative relationship.Finally,the need for social protection is taken as a supplementary consideration.Third,for the cooperation contract between the merchant and the MCN agency on live broadcast delivery,it is proposed that when signing the contract,the co-host account and schedule should be fixed in writing in advance,and the assessment form of the conversion rate should be clearly stipulated,and the contract did not meet the contract.Remedial measures and corresponding responsibilities,stock up reasonably,and avoid losses.