Research On The Legal Regulation Of Live Streaming Sale

This paper chooses to take the legal regulation of live streaming as the research object,and starts from the perspective of governance basis and multiple synergy of governance subjects.In terms of governance basis,we should not only give play to the mandatory and sweeping role of national laws,but also pay attention to the auxiliary role of industry self-discipline norms and platform autonomy rules in governance.In terms of governance,pay attention to the coordination and cooperation between the government,industry associations,and e-commerce platforms.When discussing the problems existing in the live streaming industry,the shortcomings in legislation,law enforcement and judicial remedies are analyzed from the perspective of synergy.On the path of realizing legal regulation,it focuses on the analysis and research of specific practices,and explores feasible solutions with practical value under the existing technical conditions.The first part provides an overall overview of live streaming.Clarify the concept and characteristics of live streaming,operation mode and participants.The chaos of the industry and the necessity of regulation are pointed out,and finally the soft law theory and collaborative governance theory and the feasibility of embedding it in the governance of live streaming goods are discussed.The second part sorts out and analyzes the current situation of legislation,government supervision,industry self-discipline,platform regulation and consumer rights protection of live streaming goods.The third part discusses the shortcomings in live streaming legislation,administrative law enforcement and judicial remedies from the perspective of coordination.First,the content of laws and regulations on live streaming is scattered,there are difficulties in the specific application,and the role of industry self-discipline norms and platform rules in assisting the application of laws is unclear.Second,the failure to form a joint force in administrative law enforcement and coordinated supervision is mainly manifested in the imperfect organization and institutional mechanism of prior supervision,the technical weakness of supervision during the event,and the imperfect mechanism of post-event supervision and punishment.Third,the most prominent judicial remedies for the protection of consumer rights and interests in the field of live streaming are insufficient.The fourth part,from a practical point of view,discusses the implementation path of the legal regulation of live streaming goods.First,while accelerating the construction of specialized legislation for live streaming goods,strengthen the mechanism for determining the facts and filing of platform intervention in violations of laws and regulations,and promote the application of existing laws and regulations.In addition,it is necessary to give full play to the pre-interception role of industry self-discipline norms and platform rules,and promptly resolve minor violations of laws and regulations and disputes over consumer rights and interests.The second is to create a coordinated supervision model for administrative law enforcement.According to the three stages of before,during,and after the event,explore the system design to realize the supervision of live streaming goods.The third is to improve the judicial remedies for consumer rights protection in live streaming goods.On the one hand,it is necessary to improve consumers’ ability to protect their rights and expand their ways to protect their rights.On the other hand,the procuratorate and industry associations coordinated to promote public interest litigation to protect the rights of consumers of live streaming goods.The conclusion part once again points out the research purpose and significance of this paper,and discusses the feasible scheme with practical value under the existing technical conditions.