直播带货场景下电商平台侵权责任的法律分析

Legal Analysis of Infringement Liability of E-Commerce Platforms in the Context of Live-Streaming Sales

摘要: 在互联网发展迅猛的当今，直播带货结合了内容传播和商品交易的双重特性，既给消费者提供了便利，同时也催生了大量涉及电商平台责任的纠纷案件。根据《电子商务法》《消费者权益保护法》等相关法律法规，判断平台责任需要先明确它的角色定位。如果平台只是提供技术服务，那就得履行通知删除的义务；如果明知或者应当知道主播、商家进行商标侵权、虚假宣传、销售假冒伪劣商品等行为，却没有采取必要措施制止，平台就要承担连带责任；但如果平台直接参与直播运营，就可能被认定为经营者，这时需要承担和销售者一样的责任。针对上述问题，本文将系统梳理平台在运营全流程中需履行的主要义务以及涉平台合同效力的认定规则，助力规范平台经济运营持续发展，进而为新质生产力的快速培育与发展提供法治保障。

Abstract: In today’s era of rapid Internet development, live-streaming sales have combined the dual characteristics of content dissemination and commodity transactions. They not only provide convenience for consumers but also give rise to a large number of disputes involving the responsibilities of e-commerce platforms. According to relevant laws and regulations such as the E-Commerce Law and the Consumer Rights and Interests Protection Law, to determine the responsibility of a platform, it is necessary to first clarify its role positioning. If the platform merely provides technical services, it must fulfill the obligation of notifying deletion. If the platform is aware of or should have known that the live-streamer or merchant is engaged in trademark infringement, false advertising, selling counterfeit and shoddy goods, etc., but fails to take necessary measures to stop it, it shall bear joint and several liability. However, if a platform directly participates in live-streaming operations, it may be regarded as an operator and then bear the same responsibility as a seller. In response to the above issues, this article will systematically sort out the main obligations that platforms need to fulfill throughout the entire operation process and the rules for determining the validity of platform-related contracts, to help standardize the continuous development of platform economic operations and thereby provide legal guarantees for the rapid cultivation and development of new quality productive forces.