直播带货虚假宣传的责任主体界定与分担规则研究

Research on the Identification and Sharing Rules of Liability Subjects for False Advertising in Live-Streaming E-Commerce

摘要: 直播带货行业的高速发展伴随大量虚假宣传乱象，而责任主体界定模糊、分担规则缺失是纠纷解决的核心梗阻。本文基于《电子商务法》《广告法》等规范及司法实践，将责任主体类型化为入驻商家、主播、MCN机构及直播平台，明确各主体法律身份的界定标准；结合过错程度、行为参与度及利益关联原则，剖析连带责任、按份责任的适用场景；针对当前规则适配性不足的问题，提出构建类型化界定体系、梯度化分担规则及协同保障机制的完善建议，为电子商务行业虚假宣传治理及消费者权益保护提供理论支撑与实践指引。

Abstract: The rapid development of the live-streaming e-commerce industry has been accompanied by numerous false advertising practices. The vague identification of liability subjects and the lack of sharing rules are the core obstacles to dispute resolution. Based on regulations such as the Electronic Commerce Law and the Advertising Law, as well as judicial practice, this paper classifies liability subjects into settled merchants, anchors, MCN institutions, and live-streaming platforms, and clarifies the criteria for identifying the legal status of each subject. Combining the principles of fault degree, behavioral participation, and interest correlation, it analyzes the applicable scenarios of joint and several liability and proportional liability. Aiming at the current insufficient adaptability of rules, it proposes improvement suggestions, including constructing a typed identification system, a gradient liability sharing rule, and a collaborative guarantee mechanism, so as to provide theoretical support and practical guidance for the governance of false advertising in the e-commerce industry and the protection of consumers’ legitimate rights and interests.