网络直播带货中不正当竞争行为规制研究

Research on the Regulation of Unfair Competition in Live Stream E-Commerce

摘要: 在数字技术赋能与网络基础设施持续完善的背景下，网络直播带货行业迅猛发展，市场规模稳步扩大，成为激活消费、赋能经济增长的重要业态。但行业快速扩张中市场机制失灵问题凸显，不正当竞争行为频发，既扰乱市场竞争秩序，侵害经营者与消费者合法权益，也制约行业高质量发展。我国现行规制体系存在明显短板：《反不正当竞争法》一般条款适用性不足，执法主体界定模糊，责令停止违法行为适用缺乏边界；相关规范性文件立法层级低、内容覆盖不全；平台审查义务分配不合理，其对主播违法行为的责任承担不明确，行业自律机制薄弱。本文以网络直播带货中的不正当竞争行为为研究对象，从法理层面剖析其违法属性，论证构建专门规制体系的必要性与紧迫性。结合行业特征提出系统性规制路径：推动《反不正当竞争法》一般条款具体化，引入效率因素与多元利益衡量标准；明确执法主体，审慎适用责令停止违法行为措施；区分主播类型，界定平台差异化责任；构建技术性审查机制，强化行业自律。研究旨在为该领域法律规制提供理论支撑与实务参考，助力规范行业秩序，保障市场主体合法权益，优化网络消费环境。

Abstract: Against the backdrop of digital technology empowerment and the continuous improvement of network infrastructure, the live stream e-commerce industry has achieved rapid development with a steadily expanding market scale, emerging as a crucial format for stimulating consumption and empowering economic growth. However, amid the industry’s rapid expansion, the problem of market mechanism failure has become prominent, with frequent occurrences of unfair competition practices. These practices not only disrupt the market competition order and infringe upon the legitimate rights and interests of operators and consumers but also restrict the high-quality development of the industry. China’s current regulatory system exhibits obvious shortcomings: the general clauses of the “Anti-Unfair Competition Law” have insufficient applicability, the definition of law enforcement subjects is ambiguous, and the application of orders to cease illegal acts lacks clear boundaries; relevant normative documents are of low legislative hierarchy and incomplete in content coverage; the allocation of platform review obligations is unreasonable, the platform’s liability for the illegal acts of anchors is unclear, and the industry self-regulation mechanism is weak. Taking unfair competition practices in live stream e-commerce as the research object, this paper analyzes their illegal attributes from a jurisprudential perspective and demonstrates the necessity and urgency of constructing a specialized regulatory system. Combined with the industry characteristics, it proposes a systematic regulatory path: promote the concretization of the general clauses of the “Anti-Unfair Competition Law” and introduce efficiency factors and multi-interest balancing standards; clarify law enforcement subjects and prudently apply the measure of ordering the cessation of illegal acts; distinguish between types of anchors and define the differentiated liabilities of platforms; establish a technical review mechanism and strengthen industry self-regulation. The research aims to provide theoretical support and practical reference for the legal regulation of this field, helping to standardize the industry order, protect the legitimate rights and interests of market entities, and optimize the online consumption environment.