直播间运营者选品审核义务的制度研究

Institutional Research on the Duty of Product Selection and Review of Live-Streaming Room Operators

摘要: 直播间运营者的法律定位长期处于模糊状态，导致其在消费纠纷中常以“仅提供推广”“责任在供应商”为由推诿塞责。《直播电商监督管理办法》与《直播电商经营者落实食品安全主体责任监督管理规定》，以部门规章形式明确了直播间运营者的“第一责任人”地位，要求其建立严格的选品制度并承担审核义务。本文从法律地位厘清、法理基础阐释、责任体系构建、制度规范审视四个层面展开分析，论证直播间运营者承担选品审核义务的正当性，研究两部新规共同构建的以行政责任为核心的阶梯式处罚体系与配套监管机制。作为新生制度，其在合理性标准、多主体参与下的责任切割、配套机制的衔接统一等方面仍有待进一步明确。本文从法律规则细化、技术赋能监管、行业自律建构与多元协同治理四个维度提出完善建议，助力改善直播电商营商环境。

Abstract: The legal status of live-streaming room operators has long remained ambiguous, leading them to frequently evade responsibility in consumer disputes by claiming to be “merely providing promotion” or asserting that “liability lies with the supplier.” The Administrative Measures for Live-Streaming E-Commerce Supervision and the Provisions on the Supervision and Administration of the Primary Responsibility for Food Safety of Live-Streaming E-Commerce Operators have, in the form of departmental rules, expressly established the status of live-streaming room operators as the “primary responsible party,” requiring them to institute rigorous product selection systems and assume the duty of review. This paper conducts an analysis across four dimensions: clarification of legal status, elucidation of jurisprudential foundations, construction of the liability system, and examination of institutional norms. It demonstrates the legitimacy of imposing the duty of product selection and review upon live-streaming room operators, and examines the tiered penalty system centered on administrative liability and the accompanying regulatory mechanisms jointly established by the two new regulations. As newly established institutions, further clarification is still required with respect to the standard of reasonableness, the allocation of liability among multiple participants, and the alignment and unification of supporting mechanisms. This paper proposes recommendations for improvement from four perspectives—refinement of legal rules, technology-empowered regulation, construction of industry self-regulation, and multi-stakeholder collaborative governance—in order to contribute to the improvement of the business environment for live-streaming e-commerce.