网络直播带货中虚假宣传的法律治理路径研究

Research on Legal Governance Approaches for False Advertising in Live E-Commerce

摘要: 网络直播电商的迅猛发展，不仅深刻改变了传统消费模式，也为市场注入了新的活力。作为一种新兴业态，它依托互联网技术与实时互动特性，显著提升了购物的便捷性与娱乐性，吸引了大量消费者和商家参与。然而，在其繁荣背后，虚假宣传问题日益凸显，成为行业可持续发展的重大隐患。部分主播和商家为追求短期利益，通过夸大产品功效、虚构原价对比、刷单伪造销量、甚至销售假冒伪劣商品等手段误导消费者，严重侵害了消费者的知情权、选择权和公平交易权。这类行为不仅直接导致消费者财产损失，还不断侵蚀社会信任基础，扰乱市场竞争秩序，损害整体行业声誉。在这一背景下，对网络直播电商中的虚假宣传现象进行系统性研究显得尤为迫切。本文旨在剖析虚假宣传在直播电商中的具体表现形式及生成机理，探索其多层面的负面影响，包括消费者权益侵害、市场公平竞争阻碍以及行业生态恶化等，进而从法治监管、平台责任、行业自律、消费者教育等多个维度，提出切实可行的治理策略与完善路径，以构建健康、有序、可持续的直播电商生态，推动数字经济高质量发展。

Abstract: The rapid development of live-streaming e-commerce has not only profoundly changed traditional consumption patterns but also injected new vitality into the market. As an emerging business model, it relies on Internet technology and real-time interaction, significantly enhancing the convenience and entertainment of shopping, attracting a large number of consumers and merchants. However, behind its prosperity, the problem of false advertising has become increasingly prominent, posing a major risk to the sustainable development of the industry. Some streamers and merchants pursue short-term profits by exaggerating product effectiveness, fabricating original price comparisons, faking sales through bulk orders, and even selling counterfeit or substandard goods, misleading consumers and seriously infringing on their rights to information, choice, and fair transactions. Such behaviors not only directly cause financial losses for consumers but also continuously erode the foundation of social trust, disrupt market competition, and damage the overall reputation of the industry. Against this backdrop, it is particularly urgent to conduct systematic research on the phenomenon of false advertising in live-streaming e-commerce. This paper aims to analyze the specific forms and generation mechanisms of false advertising in live-streaming e-commerce, explore its multi-dimensional negative impacts, including harm to consumer rights, obstacles to fair market competition, and deterioration of industry ecosystem, and further propose practical governance strategies and improvement paths from multiple perspectives such as legal regulation, platform responsibility, industry self-discipline, and consumer education, in order to build a healthy, orderly, and sustainable live-streaming e-commerce ecosystem and promote high-quality development of the digital economy.