The Nature Of Live Broadcasting And Its Legal Regulations

Live streaming refers to the promotion of goods or services to consumers by means of real-time interaction,language rendering and other means through the new technical means of live streaming platform.Its rapid and vigorous development has added new vitality to China’s economic development during the past pandemic.But also because of the rapid development of live streaming with goods,but also exposed a lot of problems to be solved,false publicity,product quality assurance is difficult,traffic fraud and other problems frequently.Our country has not caught up with the legal regulations on live broadcast conveyor.The most important of which is that the nature of live broadcast conveyor is still disputed in theories and practice.The nature of live broadcast conveyor is a front-line problem of law application,which should be clarified as soon as possible.Therefore,this paper discusses from the following five aspects,based on the idea of qualitative quality of livestreaming goods and then perfecting the legal regulation of livestreaming goods:The first part is the introduction,which introduces the background,research purpose and significance,research status at home and abroad,and research methods such as normative analysis and literature research.The second part is an overview of live streamers,introducing the concept and types of live streamers,currently live streamers are divided into "self-operated" and "assisted operation" two types.The third part is the analysis of the legal nature of live streaming.Firstly,it introduces the disputes over the legal nature of live streaming.Then,starting from the definition of commercial advertising,it makes clear that the nature of live streaming is advertising,so it also makes clear that live streaming should be included in the regulation scope of "Advertising Law".Finally,according to the different types of live streamers,the legal status and legal responsibility of the main streamers and live streamers are analyzed.The fourth part is the analysis of the current situation and existing problems of the legal regulation of live streaming cargo.On the one hand,through the form of case presentation,the paper introduces the typical problems of traffic fraud,false publicity and poor quality of goods in the aspect of live streaming delivery,so as to analyze the current situation of legal regulations on live streaming delivery.On the other hand,it analyzes the problems of the legal regulation of live streaming carry-on,such as the imperfect legal system,the unclear legal status of the main body of live streaming carry-on,the lack of consumer rights and interests relief mechanism,and the incomplete regulatory mechanism.The fifth part puts forward some suggestions to improve the legal regulation of live streamers,including clarifying the nature of live streamers,including clarifying the nature of live streamers in Advertising Law and trying to introduce special legislation.Clarify the legal status of the main body of live streaming with goods,improve the consumer rights and interests relief mechanism by reducing the cost of rights protection,reducing the burden of proof for consumers,and increasing the intensity of punishment.To improve the supervision mechanism,we can innovate the supervision means,clarify the supervision responsibilities of various departments and improve the self-discipline mechanism of the industry.