Study On The Legal Regulation Of Live Streaming E-commerce With False Publicity

As a popular form of online consumption,live streaming e-commerce provides consumers with more convenient consumption services.At the same time of the prosperous development of live streaming e-commerce,many anchors use false propaganda to induce consumers to place orders.It not only infringes the legitimate rights and interests of consumers,but also disrupts the order of market competition.Due to the diversity of actors in the process of live delivery of goods,the relationship is complex,and the false propaganda behavior is often concealed,the existing legal system is not satisfactory in regulating effect.In view of this,it is very urgent and necessary to optimize the legal regulations on the false publicity of live streaming e-commerce when the connection between live streaming goods and people’s living consumption is increasingly close.Through the induction and analysis of 45 cases related to false publicity of live streaming e-commerce,according to the four aspects of legal basis,mode of promotion,subject of responsibility and punishment,it is found that there are the following problems in the legal regulation process of false publicity of live streaming e-commerce: The inconsistent legal basis is due to the unclear definition of the attributes of the live broadcast of false publicity with goods,which leads to different penalties for similar cases based on different laws.The main body of responsibility is not clear,because the relationship between the participating subjects in the live delivery of goods is complex and diverse,and there are certain difficulties in the identification of different subjects and the division of responsibilities.This problem is mainly due to the non-uniform discretion for minor violations,the confused basis for the determination of advertising fees,and the excessive penalty of the interval value of Article 20 of the Anti-Unfair Competition Law.On the basis of case analysis,the following countermeasures are proposed to solve the above problems: First,make clear the false advertising behavior in the false publicity of live streaming e-commerce,and distinguish several other false publicity methods to achieve the accuracy according to the law;Secondly,according to different modes of promotion to confirm the identity of different subjects,and do a good job of responsibility division,in order to achieve the responsibility of their positions;Moreover,the omissions of the penalty rules are made up by means of exempting the first violation,clarifying the criteria for determining advertising fees,and adding a multiplier penalty to Article 20 of the Anti-Unfair Competition Law.