网络直播带货中虚假宣传的法律规制研究

Research on the Legal Regulation of False Advertising in Online Live-Streaming Sales

摘要: 近年来，我国网络直播带货行业呈爆发式增长，但行业繁荣背后，虚假宣传问题突出，表现为商品信息虚假、服务承诺不实、销售数据与评价造假、虚假主播人设及剧本营销等，既侵害消费者权益，又破坏市场公平竞争秩序。本文分析了网络直播带货虚假宣传的核心概念和表现形式，以及法律规制中存在的条款协调难、责任主体界定不清、监管机制不健全、消费者权益保护不足等困境。针对这些问题，提出了明确网络直播带货的法律法规适用范围、划分主体责任、构建协同化与智能化监管体系、强化消费者权益保护等对策，以促进直播带货行业健康有序发展。

Abstract: In recent years, the live-streaming e-commerce industry in China has witnessed explosive growth. However, behind the industry’s prosperity, the problem of false advertising is prominent, manifested as false product information, inaccurate service promises, fabricated sales data and evaluations, and false live-streamer personas and script marketing. This not only infringes upon consumers’ rights and interests but also disrupts the fair competition order of the market. This article analyzes the core concepts and manifestations of false advertising in online live-streaming sales, as well as the predicaments existing in legal regulation, such as difficult coordination of terms, unclear definition of responsible subjects, incomplete supervision mechanisms, and insufficient protection of consumer rights and interests. In response to these issues, countermeasures have been proposed, such as clarifying the scope of application of laws and regulations for online live-streaming sales, defining the main responsibilities, building a collaborative and intelligent supervision system, and strengthening the protection of consumer rights and interests, in order to promote the healthy and orderly development of the live-streaming sales industry.