| In recent years,In recent years,live streaming in China’s online consumer market and developed rapidly,becoming a new way of shopping.Live streaming goods innovates the traditional marketing mode in the way of "live streaming + e-commerce",making the shopping environment of live streaming with goods more complex.While live streaming delivery plays a driving and promoting consumption,it also highlights a series of problems such as fraud,false publicity,inadequate service and lack of after-sales service,which affects the protection of consumers’ rights and interests in live streaming delivery.In live with the new formats,live with goods marketing mode is different from the traditional marketing mode,which with the goods host "influence marketing" mode of the live with goods consumer rights and interests compared with the traditional marketing model,live with goods in consumers’ right to know,security,fair trading,independent choice rights are more vulnerable to infringement.At present,the legal system for the protection of consumer rights and interests is lagging behind,and the protection rules and protection system of relevant consumer rights and interests cannot meet the needs of consumer rights and interests protection in live broadcasting.Research and analysis of the protection system of relevant consumer rights and interests in China’s live streaming goods,found that there are the following problems:First,the nature of live streaming goods behavior is unknown.In recent years,relevant laws and regulations have avoided the identification of the nature of live streaming with goods.The unknown nature of live streaming with goods makes the infringement of consumers’ rights and interests in live streaming with goods not effectively regulated,and seriously affects the protection of consumers’ rights and interests.Second,the information disclosure system in the live broadcast delivery is not sound.Commodity information disclosure is too little,the way of commodity information disclosure is not clear,and the related information between the cargo anchors and operators is not disclosed,which seriously damages consumers’ right to know.Third,there are defects in the supervision mode of live broadcast with goods.The chaos of administrative supervision subjects has caused the prevarication of different departments,making it difficult for consumers to find authoritative channels to protect their rights.The low effectiveness of the supervision of live broadcasting platforms leads to the lack of protection of consumers’ personal safety rights.Finally,it is difficult to realize the consumer rights relief in the live broadcast with goods.The substantive lack of relief means such as consultation,mediation,complaint,arbitration and litigation,the difficulties of after-sales rights protection and evidence collection,and the unclear responsibility of carrying goods hinder the realization of consumer rights relief.In view of the above problems existing in the protection system of consumer rights and interests in China,the protection system of consumer rights and interests in live broadcast goods should be improved from the following aspects: First,the nature of live broadcast goods should be defined by distinguishing the purpose of marketing with goods.Second,by strengthening the disclosure of commodity information by cargo anchors,clarifying the disclosure method of commodity information,establishing the information disclosure system of cargo anchors and operators,and improving the information disclosure system in live broadcast with goods.Third,through the implementation of administrative supervision subject specialization,improve the supervision mechanism of the live broadcasting platform and strengthen the self-discipline of the live broadcasting industry,improve the supervision mechanism in the live broadcasting industry.Finally,through the establishment of a special deposit system for live streaming goods,the establishment of an online dispute settlement mechanism of live streaming platform,the legal responsibility of the burden of proof,the rights relief system of consumers in live streaming goods should be improved.In short,by improving the relevant system of the protection of consumer rights and interests in live broadcasting,the rights and interests of consumers in live delivery can be fundamentally protected,so as to promote the healthy and long-term development of live broadcasting industry. |