网络直播带货主体法律关系的类型化审视与责任体系构建

Typological Examination and Responsibility System Construction of Legal Relationships among Online Live Streaming Sales Entities

摘要: 随着网络直播带货业态的高速发展，主播群体规模持续扩大，但是主播在带货过程中的违法违规现象层出不穷，不仅导致网络市场秩序紊乱，更为现行法律规范的适用带来挑战。治理直播带货领域违法乱象、构建健康市场生态，首要前提在于明确带货活动中的主体构成——即带货主播、商家、消费者三大主体，并厘清三者间的法律关系以界定权利义务边界，但在我国目前并没有专门性的法律法规对此作出具体规定。本文以带货主播的主体地位为切入点，探究其与其他主体之间的法律关系。通过类型化分析路径，将带货主播分为自营式主播与助营式主播两大类别，在此分类基础上，进一步探究不同身份类型下主播与商家、消费者之间的法律关系性质，并明确各方在发生消费纠纷或违法事件时的法律责任承担规则，以期为司法实践中主播身份认定及责任划分提供理论支撑，为直播带货行业的法治化治理提供参考。

Abstract: With the rapid development of the online live streaming salves industry, the size of the anchor group continues to expand. However, the illegal and irregular phenomena of anchors in the e-commerce process are constantly emerging, which not only leads to disorder in the online market order, but also poses challenges to the application of current legal norms. The primary prerequisite for addressing illegal and chaotic activities in the field of live streaming salves and building a healthy market ecosystem is to clarify the main body composition of e-commerce activities, namely, e-commerce hosts, merchants, and consumers, and clarify the legal relationship between the three to define the boundaries of rights and obligations. However, there are currently no specific laws and regulations in China that make specific provisions for this. This article takes the main position of Live-streaming product endorsers as the starting point to explore their legal relationships with other entities. Through typological analysis, Live-streaming product endorsers are divided into two categories: self-operated hosts and assisted hosts. Based on this classification, the legal relationship between hosts, merchants, and consumers under different identity types is further explored, and the legal responsibility rules of each party in the event of consumer disputes or illegal events are clarified. This aims to provide theoretical support for the identification and division of responsibilities of hosts in judicial practice, and to provide reference for the rule of law governance of the live streaming salves industry.