Study On The Supervision Law Of Public Private Cooperation Of Live Streaming Cargo

At present,the development of the live streaming industry is overwhelming,and the success of anchors in selling goods constantly refreshes public cognition.While focusing on the attention of people,live streaming of goods also makes the consumer protection dilemma,anchor tax evasion problem,anchor misbehavior and other live streaming of goods industry chaos constantly into the public eye.It is not enough to rely only on the government to regulate the live streaming industry.It is necessary to establish a supervision network of public-private cooperation to achieve more perfect supervision.This paper discusses from the perspective of administrative law,analyzes the regulatory status quo and existing problems of government regulatory bodies,industry association regulatory bodies,live-streaming platform regulatory bodies and public media regulatory bodies,and seeks a more perfect path of public-private cooperation regulatory bodies under the framework of legal regulation.In the first part of this paper,relevant concepts are defined and the current supervision status of public subjects(i.e.,government subjects)and private subjects(i.e.,industry association subjects,platform subjects and public media subjects)in the field of live streaming goods is expounded.The supervision of the public subject is analyzed from the legislative status quo and the current law enforcement means,and at the same time analyzes the supervision behavior of the three social private subjects on live streaming.The second part examines the supervision of public and private subjects in the live streaming industry.The main regulatory problems of public subjects include: the idea of administrative supervision needs to be updated,the standard system of administrative legislation needs to be optimized,and the means of administrative supervision needs to be improved and expanded;The main regulatory problems of private subjects include: insufficient regulation of industry associations,ineffective autonomous regulation of platforms due to unclear boundary of platform responsibility,insufficient participation of the public in supervision and regulation,and the self-regulatory responsibility of anchors under the new consumption mode needs to be strengthened.The third part clarifies the theoretical basis and basic principles of public-private cooperation in supervising live streamers.The theoretical bases are market failure theory,government regulation theory,limited government theory,collaborative governance theory and responsive regulation theory.At the same time,it believes that the basic principles to be followed in cooperative supervision are the principle of rule of law,the principle of proportionality,the principle of expectation and possibility,and the principle of inclusiveness and prudence.The fourth part combines the theoretical basis and basic principles of the elaboration to put forward suggestions for improvement.Suggestions for improving the supervision of public entities are as follows: first,update the concept of administrative governance,including forming the concept of public-private cooperation and combining the advantages of sports governance and conventional governance to form an efficient and long-term regulatory pattern;Secondly,in order to improve the administrative legislation from the formulation of top-level legislation with high effectiveness level,the legislation needs to clarify the administrative subject’s management authority,increase the proportion of law enforcement operational provisions and complete the administrative accountability system;Thirdly,it is suggested to expand administrative guidance,credit regulation,information regulation,administrative incentive and intelligent supervision in view of the insufficient means of administrative law enforcement.The suggestions for improving the regulation of private subjects are as follows: First,strengthen the governance measures of industry associations and enhance the ability of autonomy.Formulate industry norms,conduct industry guidance,formulate punishment rules,establish user reporting mechanism,establish dispute resolution mechanism;Second,change the platform subject’s responsibility system,establish the principle of fault presumption;Third,make clear the supervision and feedback mechanism of the public media,and set up a third-party non-governmental organization to collect public opinions;Fourth,establish the consumption warning and consumption cooling mechanism in the broadcast room to strengthen the responsibility of anchors.