角色与责任：直播带货中主播虚假宣传的法律责任研究

Roles and Liability: A Study on the Legal Liability of Anchors for False Advertising in Live-Stream Selling

摘要: 电商迅速发展的今天，直播带货发展成推动新型消费的重要新业态。带货主播作为链接商品与消费者的核心枢纽，其法律身份具有复合性与特殊性，传统法律框架将带货主播简单界定为“广告代言人”已难以匹配其实际角色与影响力，导致实践中出现法律责任认定困难、消费者维权受阻等困境，主播参与下的直播带货主要有“自营式”与“他营式”两种模式下，两种模式下主播分别承担着不同的法律角色。直播带货虚假宣传的治理存在认定标准混乱、适用法律冲突的困境，如引人误解的商业宣传欠缺统一的认定标准。此外，主播在直播带货过程出现的虚假宣传行为的法律责任不仅是行政法层面的处罚，还应探讨带货主播虚假宣传行为在刑法层面是否构成虚假广告罪以及民事责任。

Abstract: In the era of rapid e-commerce development, live-streaming shopping has evolved into an important new business model driving novel forms of consumption. As the core link between products and consumers, live-stream hosts possess a compound and unique legal identity. The traditional legal framework, which simplistically categorizes hosts as “advertising endorsers,” fails to adequately reflect their actual roles and influence. This discrepancy has led to difficulties in determining legal liability and obstacles in consumer rights protection. In live-streaming commerce involving hosts, two primary models exist: the “self-operated model” and the “third-party-operated model,” under which hosts assume distinct legal roles. The regulation of false advertising in live-streaming faces challenges such as inconsistent identification standards and conflicts in applicable laws. For instance, there is a lack of unified criteria for determining misleading commercial promotions. Moreover, the legal liability for false advertising by hosts during live streams is not limited to administrative penalties; it also warrants examination of whether such conduct constitutes the crime of false advertising under criminal law, as well as potential civil liability.