| In an increasingly developed social society,utilizing social platforms to conduct commercial activities has become a relatively common “social & commerce” model.By sharing,recommending and evaluating specific goods(“goods” hereinafter referred to as “goods and services”)in the form of live webcasting,video,text and images on social platforms,increase the exposure of specific goods to consumers and achieve the purpose of increasing product awareness.This has become a special area for social platforms.However,the promotion of goods on social platforms by utilizing social platforms has legal risks.This is not only because the audience’s recognition of social behavior and commercial promotional behavior will deviate,but also because it may involve false propaganda.This kind of untrue information will not only increase consumers’ choice costs,but also produce the risk of misleading consumers to make wrong purchase choices and thereby infringe the legitimate rights and interests of consumers and other operators.At present,the legal community has done a lot of research on the legal risks of social platforms and their regulation.Judging from the existing literature,there are still few systematic studies on the promotional behavior of social e-commerce from the perspective of anti-unfair competition,especially whether the commercial promotions released in the form of “video” and “text” on social platforms belong to “false or misleading commercial promotion” adjusted by the Anti-Unfair Competition Law.Further analysis is needed.Based on this,this article starts from defining social ecommerce and its product promotion behavior,clarifies the legal properties of social ecommerce product promotion,further analyzes the current regulatory situation and practical dilemmas of such behaviors,deeply analyzes the types of false propaganda in social e-commerce and their constituent elements,and finally proposes countermeasures.This paper is divided into the following four parts:The first chapter defines social e-commerce and its false promotional behavior and the necessity of regulation.This section starts from defining the concept of social ecommerce,and then argues that the promotional behavior of goods implemented by social e-commerce through social platforms belongs to the category of “false promotion”adjusted by the Anti-Unfair Competition Law according to the regulatory theory of economic law and the specific provisions of the Anti-Unfair Competition Law.The second chapter analyzes the current situation and practical dilemmas of the regulation of false propaganda in social e-commerce.With the Anti-Unfair Competition Law as the main line,combined with laws such as the Civil Code,the Consumer Rights Protection Law,the E-commerce Law,and the Advertising Law,this section analyzes the current situation of legislation on false propaganda in social e-commerce.Due to the unclear legal positioning of social e-commerce and its behaviors between social activities and business activities in the legislation,multiple law enforcement subjects such as the Internet management department and the market supervision department appear in the market supervision and law enforcement,thus leading to the multi-subject phenomenon of law enforcement subjects.At the judicial level,it is difficult for consumers and other operators whose legitimate rights and interests are damaged by the false propaganda of social e-commerce to safeguard their rights through litigation.The third chapter systematically combs the types and constituent elements of false propaganda in social e-commerce.False propaganda in social e-commerce can be summarized into two categories: one is self-operated behavior,including platform selfoperation and platform operator self-operation;the other is other-operated behavior,that is,the behavior of conducting false promotion for others organized or employed by the operator.In addition,it analyzes the constituent elements of its illegality from aspects of subject,object,subjective intention and objective manifestation.The fourth chapter proposes countermeasures and suggestions for the legal regulation of false propaganda in social e-commerce.On the basis of the above theoretical analysis and practical induction,corresponding improvement suggestions are put forward,that is,to clarify the illegality constituent elements and legal consequences of false propaganda in social e-commerce;optimize the administrative law enforcement mechanism for it and improve law enforcement capability;and smooth the way for judicial remedies for victims of social e-commerce misrepresentation,and improve the rules on the burden of proof. |
