| As a new marketing model,with the continuous development of the scale,the infringement behavior in the live streaming of goods is increasingly frequent.In order to better protect the rights of the right holders and ensure the sustainable and healthy development of the emerging model,we should establish a legal system suitable for the development needs of live streaming and delivery,and clarify the legal responsibilities of each subject of live streaming and delivery.Based on the legal system of Chinese network service provider centralism model,the key to improve the relevant legal system is to improve the legal obligations of live streaming commerce platform.The main research content of this paper is divided into three parts,the first part is the discussion of the basic concept of live streaming commerce platform;The second part is the analysis and research of the legal obligations of the live streaming commerce platform and the problems existing in the practical application process.The third part is based on the development status of live broadcasting with goods in our country,in order to further improve the legal obligation system of live streaming commerce platform,in view of the deficiencies of legal obligation of live streaming commerce platform clearly stipulated by laws and regulations,suggestions are put forward.The third part includes suggestions on the improvement of the duty of care: First,according to the time of "notice" issued by the right holder is before,during and after the live broadcast,clarify the standard of "notice" issued by the right holder to the live broadcast delivery platform;Second,according to the source of the content of the platform "should know and know" is the notice of the right holder,the notice of the third party,the platform audit,clearly prove the standard of the platform "should know and know";Third,according to the danger of harmful behavior,clear the platform should take "necessary measures" standard;Suggestions on the improvement of the audit obligation include two aspects: the material examination of the qualification of live streaming delivery platform and the examination of the content form of live streaming. |
