电商经济中虚假宣传行为的反不正当竞争法规制研究

Research on the Anti Unfair Competition Law Regulation of False Advertising Behavior in E-Commerce Economy

摘要: 随着数字经济快速发展，电商经济已成为网络平台领域竞争的重要场域，但虚假宣传行为亦随之泛滥，严重扰乱市场秩序并损害消费者权益。电商经济环境下，虚假宣传呈现出手段隐蔽、形式多样、传播迅速等特征，如虚构交易、编造用户评价、虚假营销活动及直播带货中的误导行为，给传统法律规制体系带来挑战。2025年修订施行的《反不正当竞争法》在虚假宣传认定、平台责任及处罚机制等方面作出重要调整，回应了网络治理的现实需求。然而，当前法律适用仍存在标准模糊、举证困难、平台责任虚化及违法成本过低等问题。为构建公平透明的网络电商竞争秩序，有必要进一步细化法律适用标准、完善电子证据规则、强化平台主体责任，并通过提高处罚力度，增强法律威慑力，推动数字经济健康发展。

Abstract: With the rapid development of the digital economy, the e-commerce sector has become a key battleground in the competition within the online platform industry. However, false advertising practices have also proliferated, severely disrupting market order and infringing upon consumer rights. In the e-commerce environment, false advertising exhibits characteristics such as covert methods, diverse forms, and rapid dissemination, including fabricated transactions, invented user reviews, deceptive marketing campaigns, and misleading behaviors in live-streaming sales. These practices pose challenges to the traditional legal regulatory framework. The revised “Anti-Unfair Competition Law”, effective in 2025, has introduced significant adjustments in areas such as the determination of false advertising, platform responsibilities, and penalty mechanisms, addressing the practical needs of online governance. Nonetheless, current legal enforcement still faces issues such as ambiguous standards, evidentiary difficulties, weakened platform accountability, and excessively low penalties for violations. To establish a fair and transparent competitive order in online e-commerce, it is necessary to further refine legal application standards, improve electronic evidence rules, strengthen the primary responsibilities of platforms, and enhance legal deterrence by increasing penalties. These measures will promote the healthy development of the digital economy.