Research On The Legal Application Of False Publicity Of Live Broadcast Goods

With the maturity of Internet technology and the popularization of communication technology,people’s consumer demand has gradually upgraded.The invasion of the epidemic makes people more at home.Live broadcasting with a stronger sense of participation and interactive entertainment has gradually become a new choice.The anchor with goods will show the goods to the audience in all aspects,and the combination will drive the publicity and promotion of the atmosphere,which makes the live broadcast with goods usher in a huge flow.However,problems also arise.As a direct consumer oriented anchor with goods,his understanding of goods is not professional.Under the condition of paying too much attention to sales,some unscrupulous anchors wantonly exaggerate commodity information,appear the behavior of false publicity,and touch the bottom line of the law.The occurrence of such chaos has infringed upon the legitimate rights and interests of consumers,and even damaged the fair and orderly market order,which has an adverse impact on the healthy development of the live broadcasting and cargo industry.As a new economic model,the main participants of live broadcasting with goods are diverse and complex,the content of live broadcasting is flexible,and the law lags behind in the face of new things.In practice,there are differences on the legal application of false publicity of live broadcasting with goods.Through the introduction of cases,this paper summarizes the problems in the legal application of live broadcast false publicity.In practice,the legal attribute of live delivery behavior is not clear,and there is great controversy in the academic circles.Due to the particularity of the online trading environment,the definition of live delivery false publicity behavior will be confused with the distinction between false advertising.In practice,law enforcement personnel have unclear understanding of the two behaviors in the field of live delivery,resulting in differences in the application of law to live delivery false publicity.Through case analysis,this paper finds out the problems existing in the application of law,defines the writing ideas of the article,integrates and combs the academic views on the live delivery behavior according to the legal attributes of the live delivery behavior,deeply understands the live delivery behavior,and summarizes the author’s own understanding.Clearly distinguish the two acts of live broadcast with goods,false publicity and false advertising,apply the law according to the nature of the act,and put forward the author’s identification opinions on solving the behavior identification in practice.Only by clarifying the standards of conduct,can we apply the law pertinently,make certain efforts to solve the application of the law of false publicity of live broadcast goods,and promote the sustainable and healthy development of the industry.This paper is divided into three parts.The first part is case analysis.Through the comparative analysis of the well-known cases of false publicity of live goods,through the introduction of the case,explain the basic situation of the case,find out the problems existing in the application of the law through the case analysis,and clarify the writing idea of this paper.The second part discusses the concepts related to false publicity and live delivery,defines the concept of false publicity stipulated by law,understands various false publicity behaviors in the field of live delivery,carries out legal qualitative analysis on the false publicity behaviors of live delivery from multiple angles,expounds the manifestations of live delivery false publicity,and finally discusses the concept and specific behavior of live delivery false advertising,Clarify the concepts and different manifestations of the two behaviors.The third part analyzes and expounds the specific problems of false publicity of live broadcast with goods.Firstly,it analyzes the legal attribute of live broadcasting with goods,sorts out the views of the academic circles on the problem,and summarizes the views of all parties to get the author’s understanding of the problem.Then,based on this understanding,this paper defines the false publicity and false advertising in the live delivery,explains the legal relationship between them,and then applies the law according to the nature of the live delivery false publicity.Then,according to the previous qualitative analysis of the false propaganda of live goods,discuss the application of the false propaganda of live goods,and understand the specific situation of the applicable law of the false propaganda of live goods from a macro perspective.This paper expounds it from the two laws of the advertising law and the anti unfair competition law.The last part is to clarify the identification standard of live broadcast false publicity.According to the legal application problems learned in the previous chapters,the key to solving the problem is to distinguish between the two acts of false publicity and false advertising in live broadcast goods.Since there are no relevant provisions in the current law,the author distinguishes the two acts based on the characteristics of behavior and subjective purpose,and defines the identification standards.At the same time,it is necessary to clarify the identification standard of the false propaganda of live broadcasting and goods,put forward the identification standard of "misleading",find the standard of behavior identification,and solve the problems existing in the application of law.