网络直播营销的行政法规制

On the Administrative Regulation System of Online Live Broadcast Marketing in China

摘要: 随着数字经济的蓬勃发展，网络直播营销已成为主流商业形态之一，但其在带动消费增长的同时，也滋生了虚假宣传、数据造假、消费者权益受损等诸多乱象。现行行政监管体系虽已初步形成，但在规制范围、监管协同、责任认定等方面仍存在短板。本文结合《网络直播营销管理办法(试行)》《电子商务法》等法律法规，分析网络直播营销行政法规制的现状与困境，并从制度完善、机制创新、技术赋能三个维度提出优化路径，旨在构建科学高效的行政监管体系，促进网络直播营销行业健康有序发展。

Abstract: In the current era of rapid development of the digital economy, the demands and consumption patterns of people’s daily lives are constantly evolving. E-commerce platforms have become key carriers of economic activities due to their characteristics such as easy dissemination and easy acceptance by consumers. However, due to the current incomplete legal regulatory system for e-commerce platforms, problems such as legal risks in business models, product quality defects, and difficulties for consumers to protect their rights have emerged. Therefore, it is urgent to improve the legal regulatory system for e-commerce platforms. This article deeply analyzes the multiple practical dilemmas faced by the legal regulatory system of e-commerce platforms, including unclear definition of regulatory subjects and responsibilities, backward regulatory technical means, cross-border e-commerce regulatory difficulties, and incomplete laws and regulations. In response to these problems, this article proposes strategies such as clarifying regulatory subjects and responsibilities, strengthening regulatory technical means, enhancing international cooperation in cross-border e-commerce regulation, and improving relevant laws and regulations, to ensure that they steadily progress on the track of the rule of law.