Research On Legal Supervision Of Live Delivery

Live delivery uses network traffic to guide consumption,help improve consumer experience,meet consumer entertainment,social networking,shopping and other needs,reduce costs,improve efficiency and experience,and create a huge market dividend.However,if it is not able to carry out effective legal supervision,it will lead to the problems of commodity quality,host false propaganda,data flow fraud,consumer rights protection difficulties and so on,which will hinder the emerging industry to empower China ’ s economy.Therefore,it is necessary to strengthen the legal supervision of live tape.China ’ s legislation and relevant regulations have given a preliminary regulatory framework.However,due to the new live delivery mode,the multiple identities of live broadcasters,and the complex legal relationship,the dislocation of the legal regulatory system and practice has emerged.There have been problems such as legislative fragmentation,repeated regulation or regulatory blank caused by the overlapping responsibilities of regulatory subjects,the qualitative ambiguity of the multiple identities of regulatory objects,and the imperfect regulatory mechanism.Therefore,it is necessary to analyze the object of live delivery.In terms of the identity of the anchorman,if it constitutes a commission relationship with the business,the anchorman should be identified as an advertising spokesman.If it constitutes a labor relationship,it should be recognized that the anchor act as a business employee does not assume responsibility alone.In terms of the identity of the platform,the platform and the users within the platform may constitute the commission service relationship or the technical service relationship of the e-commerce platform,which should be identified as the operator of the ecommerce platform and the network service provider.On the operator ’ s identity qualitative point of view,if the business broadcast behavior,the business constitutes a seller with consumers to conclude a sales contract,but also constitute the identity of advertisers to implement advertising planning,publicity and other acts;if the platform constitutes the operator,the platform operator should be identified as the seller and service provider.The suggestions for improving the legal supervision of live delivery should start from the regulatory system,regulatory subjects,regulatory objects and regulatory mechanisms.In the aspect of regulatory system,in view of the problem of fragmentation of legislation,it is necessary to severely punish the consumer infringement in live delivery through relevant legislation,and improve the existing legal application.In terms of the regulatory body,in order to prevent the emergence of multi-door and multi-headed supervision,it is necessary to clarify the regulatory responsibility of the regulatory body.In terms of regulatory objects,the existing laws do not clearly define the responsibilities of regulatory objects,and relevant laws can be applied to regulate them from the qualitative selection of the identity of the shipper.In terms of regulatory mechanisms,we should improve the industry access threshold,improve the blacklist system,strengthen prior supervision,innovate regulatory methods and reduce regulatory costs.