网络直播带货的问题检视

An Examination of Issues in Live Streaming E-Commerce

摘要: 近年来，得益于“宅经济”的发展与国家政策的扶持，网络直播带货行业正迎来前所未有的发展机遇。电商主播以巧妙的直播策略吸引了众多消费者的参与，但一系列潜在问题也逐渐浮出水面。主播和商家为提升产品的销量以获取更高额的利润，夸大宣传产品的性能，却忽视了对产品质量的严格把控，极大损害了消费者的合法权益。大量的主播涌入直播带货市场，平台难以有效监管。为规制直播带货乱象，应结合个案情形对直播带货行为的法律性质进行判断。电商平台需主动担负起对商品质量的监管职责以及对交易数据的保存义务。同时，为了构建更为有序的网络直播环境，应当提高市场准入标准，细化直播市场准入的规则。

Abstract: In recent years, thanks to the development of “house economy” and the support of national policies, the network live broadcast with goods industry is facing unprecedented opportunities for development. E-commerce anchors have attracted the participation of many consumers with their clever live broadcasting strategy, but a series of potential problems have gradually surfaced. In order to improve the sales volume of the products to obtain higher profits, the anchors and the merchants exaggerate and publicize the performance of the products, but ignore the strict control of the product quality, which greatly damages the legitimate rights and interests of consumers. A large number of anchors pour into the live streaming market, making it difficult for the platform to effectively supervise. In order to regulate the chaos of live broadcasting with goods, the legal nature of live broadcasting with goods should be judged according to the individual case situation. E-commerce platforms should take the initiative to supervise the quality of goods and the obligation to preserve transaction data. At the same time, in order to build a more orderly network broadcast environment, the market access standards should be improved and the rules of live broadcast market access should be refined.