直播电商消费者保护的责任链治理

Governing the Responsibility Chain for Consumer Protection in Livestream E-Commerce

摘要: 随着直播电商快速扩张，投诉攀升，内容误导、价格虚构、背书冒用、刷量控评与售后规避等风险集中暴露。本文结合监管数据与典型案例，类型化梳理五类争议样态，在《电子商务法》及消费者保护、直播电商监管规则框架下，分析主体识别困难、平台控制力与注意义务失配、“应当知道”证明乏力和证据易灭失等障碍。进而提出以直播间运营者为责任枢纽、红旗信号清单、分阶段必要措施以及证据留存调取机制等对策，以提升消费者救济的可达性。

Abstract: With the rapid expansion of livestream e-commerce, complaints have surged, and risks such as misleading content, fabricated pricing, misuse of endorsements, inflated traffic and manipulated reviews, and evasion of after-sales responsibilities have become increasingly prominent. Drawing on regulatory data and representative cases, this paper typologizes five recurring dispute patterns and, within the legal framework of the E-Commerce Law and rules on consumer protection and livestream e-commerce regulation, examines key obstacles including difficulties in identifying responsible parties, a mismatch between platform control and the scope of the duty of care, weak proof of “should have known”, and the ephemeral nature of electronic evidence. It further proposes governance measures centered on the livestream-room operator as the responsibility hub, a red-flag signal checklist, phased “necessary measures”, and mechanisms for evidence preservation and retrieval, so as to enhance the accessibility and effectiveness of consumer remedies.