Research On Civil Liability Of Live Commerce

Online live broadcasting with goods refers to commercial activities that carry out marketing in the form of video live broadcasting,audio live broadcasting,graphic live broadcasting or a combination of various live broadcasting through the Internet,applications and small programs.It plays an important role in reducing the cost of consumer purchase,increasing the sense of consumer participation and consumer choice.But at the same time,false advertising,price fraud,data fraud and other industry chaos emerge in endlessly,these problems restrict the healthy development of the whole industry at the same time,but also to protect the legitimate rights and interests of consumers.Is developed in our country "live online sales guidance","live online sales management method" and "the Supreme People’s Court on some issues of applicable law in network consumption disputes cases regulations（a）" and other relevant policy documents and judicial interpretation,but still not clear live webcast with the nature of the goods,each participation main body legal status and responsibility of related issues,The legal rights and interests of consumers can not be well protected.Therefore,this paper focuses on the civil liability of carrying goods in network broadcast.First of all,the paper analyzes the nature of online live broadcasting with goods,believing that online live broadcasting with goods is a mass communication activity aimed at solving the problem of information transmission between consumers and producers,and its nature should be defined as commercial advertisement.It also introduces the types of online live broadcasting with goods,legal relations between subjects and characteristics.Secondly,the paper analyzes the legal status of each participant in live streaming and the civil liability they should bear.For the live webcast with the legal status of the cargo platform,by combining the broker said,counter the lessor say,concurrence of e-commerce platform agents and publishers say three academic point of view,such as think the webcast goods trading platform with legal status should be said in e-commerce platform agents and publishers competition and found more reasonable,And to determine the civil liability they should bear;For with the owner on the legal status of the definition,in the play and guide in the "advertisement law" sales and advertising spokesperson for the same function,can be divided into advertising spokesperson,advertising spokesperson,advertisers,and product sellers with publishers phenomenon in buy,sell four kinds of legal status,and according to its legal status to determine the corresponding civil liabilities according to law;The legal status of MCN organization is defined as three legal status:broker company,advertising operator and client based on its corresponding relationship with platform,anchor and consumer,and the corresponding civil liability is determined accordingly.Finally,the thesis analyzes the live webcast with cargo civil liability,including rules describe fuzzy booster imputation haven abuse,is imputation obligation range is too narrow,live online with the owner on tort liability misallocation,distribution of burden of proof is not reasonable and the live webcast with cargo subject problem such as rules of the civil liability of cohesion is not enough,And put forward the corresponding improvement suggestions to these problems.