| With the development of the digital economy and the impact of the epidemic,webcasting with goods has become the new windfall of the sales model.The development of the new industry has driven employment and economic growth,and with it,new problems have arisen.The frequent occurrence of chaotic phenomena such as substandard goods and false propaganda recommended by anchors with goods reveals the lack of supervision in live-streaming with goods activities.As the core body of the network live with goods live marketing personnel and consumers formed in the network shopping civil legal relationship,the legal obligations and responsibilities of the identification of unclear and complex,simple mechanical to carry goods anchor and business completely separated,will lead to consumers face the problem of difficulties in the maintenance of rights.According to the "Measures for the Administration of Live Network Marketing(for Trial Implementation)","Provisions on Several Issues Concerning the Application of Law in Hearing Cases of Online Consumer Disputes(I)" and other normative documents,there are no regulations on whether live-streaming with goods activities belong to commercial advertising,and the legal responsibilities of the anchors with goods are not clear.By analyzing relevant literature and cases,and combining the relevant views of experts and scholars within the existing legal system,this paper concludes that live-streaming with goods should be considered as commercial advertising,and analyzes the nature of the subjects,rights and obligations and legal responsibilities of the anchors with goods under different modes.We clarify the legal status of the live-streaming anchors under different models,and the illegal acts of the live-streaming anchors should bear the corresponding legal responsibilities according to the existing legal norms,so as to protect the legitimate rights and interests of consumers and promote the benign development of the live-streaming industry. |
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