网络直播带货中的消费者权益保护问题研究

Research on the Protection of Consumer Rights and Interests in Online Live Streaming

摘要: 网络直播带货作为数字经济的重要业态，其“实时互动 + 场景沉浸”的特性在激活消费市场的同时，也因多元主体参与、技术快速迭代等因素引发大量消费者权益受损问题。同时，主体法律地位界定模糊导致责任配置混乱，传统法律规则难以适配直播场景的特殊需求，监管与救济机制运行不畅加剧了消费者维权难度。现行《消费者权益保护法》《网络直播营销管理办法》等规范虽已初步介入，但在主体责任承担、无理由退货适用、虚假宣传认定等方面存在规则空白与适用冲突。基于此，本文提出针对性完善路径，明确平台、主播、商家等多元主体的责任边界，构建适配直播场景的权利保障特殊规则，健全跨部门监管与高效救济协同机制，助力直播带货行业的规范与可持续发展。

Abstract: As an important business model of the digital economy, the characteristics of “real-time interaction + scene immersion” of online live streaming are while activating the consumer market, it also causes a large number of consumer rights and interests to be damaged due to the participation of multiple subjects and the rapid iteration of technology. At the same time, the vague definition of the legal status of the subject has led to a chaotic allocation of responsibilities. It is difficult for traditional legal rules to adapt to the special needs of the live broadcast scene, and the poor operation of the supervision and relief mechanism has aggravated the difficulty of consumer rights protection. Although the current “Law on the Protection of Consumer Rights and Interests” and “Measures for the Administration of Online Live Marketing” and other norms have been initially intervened, there are gaps in rules and conflicts of application in terms of subject responsibility, application of returns without reason, and false propaganda and identification. Based on this, this article proposes a targeted improvement path, clarifies the boundaries of multiple subjects such as platforms, anchors, merchants, etc., builds special rules for the protection of rights to adapt to the live broadcast scene, improves the cross-departmental supervision and efficient relief coordination mechanism, and helps the standardization and sustainable development of the live broadcast delivery industry.