直播电商中主播与平台法律责任划分研究

Research on the Division of Legal Liabilities between Streamers and Platforms in Live Streaming E-Commerce

摘要: 数字经济背景下，直播电商成为电子商务领域的重要业态，在拉动内需、促进就业等方面发挥重要作用，但行业发展中虚假宣传、售假欺诈等问题频发，主播与平台责任划分模糊引发的法律纠纷成为行业治理痛点。本文以直播电商中主播与平台法律责任划分为研究对象，梳理行业运营模式与核心主体法律定位，明确二者责任划分的规范依据与核心原则，结合典型场景完成责任的类型化划分，并剖析当前责任认定的现实困境。在此基础上，从立法、司法、行政监管、行业自律四个维度提出制度完善建议，以期明晰主播与平台的责任边界，统一法律适用标准，强化消费者权益保护，推动直播电商行业在法治轨道上健康发展，为数字经济下新型电商业态的法律治理提供理论参考与实践思路。

Abstract: Against the backdrop of the digital economy, live-stream e-commerce has emerged as a pivotal form of electronic commerce, playing a vital role in boosting domestic demand and promoting employment. However, the rampant occurrence of irregularities such as false advertising and the sale of counterfeit or shoddy goods in the industry’s development, coupled with the ambiguous division of legal liabilities between live-stream hosts and platforms, has led to a surge in legal disputes, which has become a critical pain point in the industry’s governance. This paper takes the division of legal liabilities between live-stream hosts and platforms in live-stream e-commerce as the research object, combs through the industry’s operation models and the legal positioning of core subjects, clarifies the normative basis and core principles for the division of their liabilities, and completes the typed division of liabilities in combination with typical scenarios while analyzing the practical predicaments in the current liability determination. On this basis, it puts forward suggestions for improving the system from four dimensions: legislation, judicature, administrative supervision and industry self-regulation. The research aims to define the liability boundaries between live-stream hosts and platforms, unify the standards for the application of law, strengthen the protection of consumers’ rights and interests, and promote the healthy development of the live-stream e-commerce industry on the track of the rule of law, thereby providing theoretical references and practical ideas for the legal governance of new e-commerce forms in the digital economy.