电子商务中消费者权益保护的法律困境与突破

The Legal Dilemmas and Breakthroughs in the Protection of Consumers’ Rights and Interests in E-Commerce

摘要: 在当前数字经济下，电子商务已经成为我国国民经济核心增长极，直播电商等新业态拉动消费的同时，也伴随着虚假宣传、假冒伪劣等问题频发。虽然我国《电子商务法》构建起了消费者权益保护基础框架，但是对于当前电商行业“海量直播、瞬时交易、主体多元”的特征，仍然面临着多重困境。本文结合典型案例，提出目前我国电商行业对消费者权益保护的法律困境以及突破路径，规范电商平台运营模式，明确消费者、商家、平台各自责任，构建多元协同治理机制，从而能够更好地维护消费者权益，为电商健康及数字经济高质量发展提供法治保障。

Abstract: Against the backdrop of the current digital economy, e-commerce has become a core growth pole of China’s national economy. While new formats such as live-streaming e-commerce have boosted consumption, they have also been accompanied by frequent issues like false advertising and counterfeit or shoddy products. Although China’s “E-Commerce Law” has established a basic framework for protecting consumers’ rights and interests, it still faces multiple challenges in addressing the characteristics of the current e-commerce industry, namely “massive live streams, instant transactions, and diverse entities”. Combining typical cases, this paper identifies the legal predicaments faced by China’s e-commerce industry in protecting consumers’ rights and interests as well as the corresponding breakthrough paths. It aims to standardize the operation models of e-commerce platforms, clarify the respective responsibilities of consumers, merchants, and platforms, and establish a multi-stakeholder collaborative governance mechanism. In doing so, it can better safeguard consumers’ rights and interests and provide legal guarantees for the healthy development of e-commerce and the high-quality growth of the digital economy.