直播带货

近年来，直播带货呈井喷发展势态，在给消费者带来全新消费体验的同时，也产生了一些问题和乱象。例如，某知名主播直播间销售的即食燕窝，实际只是一款风味饮料；消费者在某网红直播间抢到“1分钱”粉丝福利，却被要求支付999元运费；商家花51万元邀请某大牌明星和网红一起带货，结果只卖出5000元的商品；头部主播偷逃税被追缴税款、加收滞纳金并处罚款共计13．41亿元……

直播带货，通常指通过网络直播方式销售商品或提供服务。虽然销售形式和途径发生了一些变化，但本质仍然是一种电子商务经营活动。直播带货模式不仅更具娱乐性、互动性和亲和力，还绕过了经销商等传统中间渠道，实现了商品和消费者直接对接，省去了一系列中间成本后，价格往往能做到更低。

事实上，国家高度重视直播带货的规范发展，近年来先后针对直播带货出台了一系列管理规章和规范举措，包括《关于加强网络直播带货活动监管的指导意见》《互联网直播带货信息内容服务管理规定》征求意见稿、《关于加强网络秀场直播和电商直播管理的通知》《直播电子商务平台管理与服务规范》行业标准（征求意见稿）、《网络直播营销管理办法（试行）》等。与此同时，国家市场监管总局等十几个部门联合开展了净化网络市场的“网剑行动”，国家网信办等八部门专门开展了网络直播行业专项整治，严厉打击各种违法直播营销行为。

但现实中，有关直播带货领域各种虚假宣传、货不对版、不退不换、不明链接、引导线下交易等问题仍然时有发生。据北京市消协和河北省消保委发布的直播带货调查报告显示，100个直播带货体验样本中有33个涉嫌违法违规；浙江省消保委2021年“双十一”期间对五家头部平台进行直播带货消费体察发现，80个直播带货体验商品中有29个不符合国家标准，其中10个样品属于“三无产品”、9个样本质量不达标、4个样本存在人身安全隐患质量问题、7个样本材质成分不达标。

直播带货乱象不止，并非因为这一模式有何原罪，而是由于作为一种新型网络交易模式，直播带货有主体多、流量大、频次高、法律关系复杂等特点，同时，目前相关法律法规不够明确具体，一些投机商家和不法分子存在侥幸心理，不惜通过打法律擦边球，或损害消费者权益的方式来牟取更多经济利益。

例如，有的平台审核入驻商家资质不严格，日常管理不到位，售后服务渠道不畅通，售后服务人员不专业。尤其是部分短视频平台，明明开通了商家入驻功能，实际开展了电商经营活动，却认为自己只是提供社交娱乐服务的视频平台，以此逃避作为电商平台应承担的法律责任。有的带货主播缺乏诚信守法意识，为实现流量变现，不惜夸大宣传，销售假冒伪劣产品，或通过悲情卖惨等方式欺骗消费者。有的直播卖家认为自己属于小额零星交易，可以不办理注册登记，也就不用承担经营者的法定责任，即使被投诉封号也可以重新注册，继续违规带货……

这些问题不仅损害了消费者的合法权益，也影响了直播带货模式的健康发展，甚至影响到整个互联网经济的秩序和发展，需要引起足够重视，并从根本上去解决。

一是要明确和压实平台责任。无论是传统电商平台，还是新兴短视频平台，只要是为直播带货活动提供了网络经营场所、交易撮合、信息发布等服务功能，就必须履行电子商务平台经营者的法律责任。有关平台不仅要严格按照相关法律法规及政策文件要求，完善主播和卖家的资质审核及平台规则制度，而且要对平台内主播和商家加强日常管理，以显著方式警示私下交易风险，并畅通消费者维权投诉通道，不断加强售后服务体系建设。

二是要提升主播群体的守法意识。主播在直播带货过程中的作用非常明显，只要是从事直播带货经营活动，就必须承担经营者的法定责任，严格遵守相关经营法律法规。否则，就要为自己的行为承担相应的法律后果。尤其是头部主播，一举一动都会产生极强的示范效应，更要带头遵守法律法规，遵循社会公序良俗，不做虚假夸大和误导性宣传，不诱导消费者私下交易。

三是要持续加大监管和处罚力度。针对直播带货这样的新模式，一方面要坚持审慎包容监管，另一方面必须守住法律底线，确保其在规范中健康发展。对于管理不力、问题屡现的平台，要通过约谈、责令整改等方式督促其改进落实；对于明显违法违规或损害消费者权益的主播和商家，要及时依法依规查处，并根据侵权严重程度列入信用黑名单，切实增强监管的实效性和震慑力。

四是要提升消费者自我保护意识。通过开展消费教育、消费引导等活动，提醒消费者仔细查看商家信息，不轻信主播的宣传推荐和低价承诺，不脱离平台进行私下交易。要保存好直播视频、聊天记录、支付凭证等证据，遇到问题及时联系商家和平台协商解决。如协商不成，可向消费者协会或市场监管部门投诉，必要时还可以申请仲裁或到法院提起诉讼，依法维护自身合法权益。

In recent years, live streaming has been developing rapidly, and while bringing a new consumption experience to consumers, it has also caused some problems and chaos. For example, the instant bird's nest sold by a well-known anchor in the live broadcast room is actually just a flavored drink; consumers grab a "1 cent" fan benefit in a live broadcast room of an Internet celebrity, but are asked to pay 999 yuan for shipping; the merchant spends 510,000 yuan Inviting a big-name star and Internet celebrity to bring goods together, only 5,000 yuan of goods were sold; the top anchor was charged with taxes, late fees and fines totaling 1.341 billion yuan for tax evasion...

Live delivery of goods usually refers to the sale of goods or the provision of services through live webcasting. Although some changes have taken place in sales forms and channels, the essence is still an e-commerce business activity. The live delivery model is not only more entertaining, interactive and friendly, but also bypasses traditional intermediate channels such as dealers, and realizes the direct connection between products and consumers. After eliminating a series of intermediate costs, the price can often be improved. Low.

In fact, the state attaches great importance to the standardized development of live broadcast delivery. In recent years, a series of management regulations and normative measures have been issued for live broadcast delivery, including the "Guiding Opinions on Strengthening the Supervision of Online Live Delivery Activities" and "Internet Live Delivery Information Information". "Content Service Management Regulations" draft for comments, "Notice on Strengthening the Management of Online Show Live Streaming and E-commerce Live Streaming", "Live Streaming E-commerce Platform Management and Service Specifications" industry standard (draft for comments), "Administrative Measures for Online Live Streaming Marketing (Trial Implementation)" )"Wait. At the same time, more than a dozen departments including the State Administration for Market Regulation jointly launched the "Net Sword Action" to purify the online market, and eight departments including the State Internet Information Office launched a special rectification of the online live broadcast industry to severely crack down on all kinds of illegal live broadcast marketing activities. .

But in reality, various false propaganda, incorrect version, non-refundable, non-exchangeable, unknown links, and guiding offline transactions in the field of live streaming still occur from time to time. According to the investigation report on live delivery of goods released by the Beijing Consumers Association and the Hebei Provincial Consumer Protection Committee, 33 of the 100 live broadcast delivery experience samples were suspected of violating laws and regulations; The consumer experience of live broadcast with goods carried out by the head platform of Jiajia found that 29 of the 80 live broadcast goods experience products did not meet the national standards, of which 10 samples belonged to "three no products", 9 samples did not meet the quality standards, and 4 samples existed. Personal safety hazards, quality problems, and material components of 7 samples did not meet the standards.

The chaos of live-broadcast delivery of goods continues, not because of the original sin of this model, but because, as a new online transaction model, live-broadcast delivery of goods has the characteristics of many subjects, large traffic, high frequency, and complex legal relationships. The laws and regulations are not clear and specific enough, and some speculators and lawbreakers have a fluke mentality, and they do not hesitate to seek more economic benefits by playing legal border balls or harming the rights and interests of consumers.

For example, some platforms do not strictly review the qualifications of resident merchants, the daily management is not in place, the after-sales service channels are not smooth, and the after-sales service personnel are not professional. In particular, some short video platforms have clearly opened the business entry function and actually carried out e-commerce business activities, but they believe that they are only video platforms that provide social entertainment services, so as to avoid legal responsibilities as e-commerce platforms. Some anchors with goods lack the awareness of integrity and law-abiding, and in order to realize the realization of traffic, they do not hesitate to exaggerate publicity, sell fake and shoddy products, or deceive consumers by tragic and miserable sales. Some live broadcast sellers think that they belong to small and sporadic transactions, so they do not need to go through the registration process, so they do not have to bear the legal responsibility of the operator.

These problems not only damage the legitimate rights and interests of consumers, but also affect the healthy development of the live broadcast mode, and even affect the order and development of the entire Internet economy. They need to be paid enough attention and solved fundamentally.

The first is to clarify and consolidate platform responsibilities. Whether it is a traditional e-commerce platform or an emerging short video platform, as long as it provides service functions such as online business venues, transaction matching, and information release for live streaming activities, it must fulfill the legal responsibilities of e-commerce platform operators. Relevant platforms should not only improve the qualification review of anchors and sellers and platform rules and regulations in strict accordance with the requirements of relevant laws, regulations and policy documents, but also strengthen the daily management of anchors and merchants on the platform, warn the risks of private transactions in a prominent way, and smooth the flow of consumers. Complaint channel for rights protection, and continuously strengthen the construction of after-sales service system.

The second is to enhance the law-abiding awareness of the anchor group. The role of the anchor in the process of live broadcast and delivery of goods is very obvious. As long as they are engaged in live broadcast and delivery of goods, they must assume the legal responsibility of the operator and strictly abide by relevant business laws and regulations. Otherwise, you will have to bear the corresponding legal consequences for your actions. Especially the head anchors, every move will have a strong demonstration effect, and they must take the lead in abiding by laws and regulations, follow social public order and good customs, do not make false exaggeration and misleading publicity, and do not induce consumers to trade privately.

The third is to continue to increase supervision and punishment. For the new model of live streaming, on the one hand, we must adhere to prudent and inclusive supervision, and on the other hand, we must adhere to the legal bottom line to ensure its healthy development within the norm. For platforms with poor management and repeated problems, we should urge them to improve and implement them through interviews, ordering rectification, etc.; for anchors and businesses that obviously violate laws and regulations or damage the rights and interests of consumers, we should promptly investigate and punish according to laws and regulations, and according to the severity of infringement Be included in the credit blacklist to effectively enhance the effectiveness and deterrent effect of supervision.

The fourth is to enhance consumers' awareness of self-protection. By carrying out consumer education, consumer guidance and other activities, consumers are reminded to carefully check the business information, not to believe in the propaganda recommendations and low-price promises of the anchor, and not to leave the platform for private transactions. It is necessary to save evidence such as live video, chat records, payment vouchers, etc., and contact the merchant and the platform to negotiate and solve problems in time. If the negotiation fails, you can complain to the consumer association or the market supervision department, and if necessary, you can apply for arbitration or file a lawsuit in the court to protect your legitimate rights and interests in accordance with the law.