| In recent years,with the continuous development of information network technology,the live streaming industry has developed extremely rapidly.Live delivery has become a new shopping mode and a new engine for economic growth during the pandemic.However,while the live streaming industry brings convenience to consumers,the complexity of the subject of live streaming and the virtuality of the Internet also infringe on the legitimate rights and interests of consumers to some extent.This thesis studies the particularity of online live streaming with goods from the perspective of consumer rights protection,and on this basis,analyzes the shortcomings of Consumer Rights and Interests Protection in China,and puts forward suggestions for improving the system.Specifically,this thesis is divided into four parts.The first part is an overview of the thesis,on the one hand to clarify the particularity of the protection of consumer rights and interests in live webcasting and the complexity of the subject involved,and on the other hand to analyze the content of consumer rights and interests protection in live webcasting and related cases.These mainly include the right to information,the right to free choice,the right to fair trade,personal information and the right to privacy,and the right to damages.The purpose of this part of the study is to lay the foundation for further analysis of consumer rights protection in live streaming.The second part studies the problems in the protection of the rights and interests of consumers with live webcasts,including the unclear responsibilities of the anchors and the main bodies of the live webcasts,the imperfections of the administrative supervision,the internal control of the platform and the social supervision system in the supervisory system,and the inadequacy of the dispute resolution mechanism after the infringement.The third part of the study of foreign laws and practices on consumer rights and interests of live streaming,including the system of trade association between the United Kingdom and the United States,the United States and the Republic of Korea on the subject of electronic commerce strict provisions.It’s a great reference for our country.In the fourth part,some suggestions on consumer rights protection are put forward in the light of the previous research results.On the one hand,the responsibility of the carrier and the live broadcast platform under different circumstances should be clarified.On the other hand,we should strive to improve our supervisory system,including administrative supervision,platform internal supervision,social supervision,etc.In addition,the dispute resolution mechanism should be improved,including the promotion of Internet court experience,the establishment of online consultation and resolution mechanism,and the incorporation of live-streaming infringement into public interest litigation. |