直播电商中的虚假宣传行为的法律规制研究

Research on the Legal Regulation of False Propaganda in Live Streaming E-Commerce

摘要: 随着数字经济发展，直播电商成为消费增长重要引擎，但虚假宣传问题频发，侵害消费者权益并扰乱市场秩序。我国虽通过《广告法》《反不正当竞争法》《电子商务法》构建规制框架，却因直播电商特殊性面临认定标准模糊、监管权责交叉、平台责任界定不清等问题。本文聚焦直播电商虚假宣传法律规制，剖析该类行为的界定、类型及规制必要性，梳理当前法律适用与监管实践困境，重点探讨主播法律身份认定的学界与实务界分歧并提出精细化识别路径；进而从立法完善(细化认定标准、明确主体责任边界)、分级分类监管(区分头部与中小平台/主播)、强化平台全流程管理、赋能消费者维权四维度提出对策，最终旨在构建“立法完善、监管协同、平台自律、消费者觉醒”的多元规制体系，推动直播电商行业在法治轨道健康发展。

Abstract: With the development of the digital economy, live streaming e-commerce has become an important engine for consumption growth. However, the frequent occurrence of false propaganda infringes on consumers’ rights and disrupts market order. Although China has established a regulatory framework through the “Advertising Law”, “Anti-Unfair Competition Law”, and “E-commerce Law”, the particularity of live streaming e-commerce leads to problems such as ambiguous identification standards, overlapping regulatory powers and responsibilities, and unclear definition of platform responsibilities. This paper focuses on the legal regulation of false propaganda in live streaming e-commerce, analyzes the definition, types and necessity of regulating such behaviors, and sorts out the current dilemmas in legal application and regulatory practice. It focuses on discussing the differences between academic and practical circles on the identification of anchors’ legal identities and proposes a refined identification path. Furthermore, it puts forward countermeasures from four dimensions: improving legislation (refining identification standards and clarifying the responsibility boundary of subjects), hierarchical and classified supervision (distinguishing between top-tier and small- and medium-sized platforms/anchors), strengthening the whole-process management of platforms, and empowering consumers to protect their rights. Finally, it aims to build a multi-dimensional regulatory system of “improved legislation, coordinated supervision, platform self-discipline, and consumer awareness” to promote the healthy development of the live streaming e-commerce industry on the track of the rule of law.