电商新业态下直播带货虚假宣传的法律规制研究

Research on the Legal Regulation of False Advertising in Live-Streaming E-Commerce under the New Forms of E-Commerce

摘要: 随着电商新业态蓬勃发展，直播带货凭借即时互动性成为主流交易模式，但其虚假宣传问题频发，如夸大商品功效、虚构促销数据等，既侵害消费者合法权益，也扰乱电商市场秩序。当前法律规制存在主体责任界定模糊、电子证据固定难、跨部门监管协同不足等困境，难以适配直播带货的场景特性。本文结合现行法规，从细化各主体责任、优化取证规则、构建跨部门协同监管机制三个维度，探讨直播带货虚假宣传的法律规制路径。旨在弥补现有规制缺陷，为规范直播带货行业经营行为、保障消费者权益、推动电商经济健康与可持续发展。

Abstract: With the vigorous development of new forms of e-commerce, live-streaming e-commerce has become a mainstream transaction model due to its real-time interactivity. However, problems of false advertising occur frequently, such as exaggerating product functions and fabricating promotional data, which not only infringe on the legitimate rights and interests of consumers but also disrupt the order of the e-commerce market. The current legal regulation faces difficulties, including vague definition of subject responsibilities, difficulty in fixing electronic evidence, and insufficient cross-departmental regulatory coordination, which makes it hard to adapt to the scenario characteristics of live-streaming e-commerce. Based on existing laws and regulations, this paper explores the legal regulation paths for false advertising in live-streaming e-commerce from three dimensions: refining the responsibilities of various subjects, optimizing evidence collection rules, and establishing a cross-departmental collaborative supervision mechanism. It aims to make up for the defects of existing regulations, so as to standardize the operation of the live-streaming e-commerce industry, protect the rights and interests of consumers, and promote the healthy and sustainable development of the e-commerce economy.