Research On Tort Liability Of Webcast Platform With Goods

In recent years,with the rise of digital economy,the continuous development of network broadcast has gradually become another new media after Weibo and wechat,and the application of network technology is the general trend.Webcast belt goods came into being.This new type of delivery mode is more in line with the needs of the public,and has played a positive role in promoting employment,expanding domestic demand,boosting the economy,and fighting poverty.However,the problems it has caused have become increasingly prominent.For example,when consumers buy goods or services in the broadcast room because of the recommendation of anchors,how to protect their rights,who is the subject of infringement,how to solve these disputes,these issues are very worthy of our study and discussion.The network live streaming platform is in a connected position,so we need to study its tort liability.According to "the E-commerce Law of the People’s Republic of China","the Supreme People’s Court on the trial of online consumption dispute cases applicable law of several issues(1)","the Product Quality Law of the People’s Republic of China","the Civil Code of the People’s Republic of China","the People’s Republic of China Consumer Rights and interests Protection Law","Network broadcast marketing management Measures(trial)","the People’s Republic of China advertising Law " To regulate relevant infringements.This paper will be discussed from three aspects.The first chapter is an overview of the tort liability of network live streaming platform.This paper mainly introduces the relevant concepts,characteristics,operation mode and relevant subjects of the network live delivery platform,and then extends the concept of the infringement liability of the network live delivery platform,and focuses on the components of the infringement liability of the network live delivery platform and the identification and division of the responsibility.The second chapter is the current situation and existing problems of tort liability legislation of network live streaming platform.Based on the current legislation status of tort liability of network live delivery platform,four problems are put forward,which are unclear positioning of tort liability of network live delivery platform,imperfect application of principle of tort liability imputation of network live delivery platform,unreasonable identification of tort liability of network live delivery platform,and imperfect exemption of tort liability of network live delivery platform.The third chapter is the suggestions on the infringement liability of the online live delivery platform.In view of the existing problems in the second chapter,corresponding suggestions are put forward to determine the subject positioning of the infringement liability of the online live delivery platform,refine the principle of assigning the infringement liability of the online live delivery platform,adjust the identification of the infringement liability of the online live delivery platform,and clarify the relevant matters of exempting the online live delivery platform from liability.To a certain extent,it is helpful to enrich the theoretical research on the infringement of online live streaming platform from the perspective of protecting the legitimate rights and interests of consumers.