网络直播虚假宣传行为对消费者权益的侵害及保护
The Infringement and Protection of Consumer Rights and Interests Caused by False Propaganda Acts in Online Live Broadcasting

随着当下直播卖货行为的兴起，虚假宣传问题也随之而来，并且在这个过程中也显得格外突出，在很大程度上侵害了消费者的合法权益。尽管在面对这个问题时我国已经有了相应的法律法规进行规制，但是在整个直播行业迅速发展的今天，法律自身对于一些问题的规制上仍然存在缺位，例如消费者的知情权难以得到保障、公平交易权受到破坏以及在受到虚假宣传引诱购买商品或服务后的求偿权难以实现等问题，从根本上来说是因为主播个人法律地位不明晰、直播平台自身的监管不到位以及对该类纠纷的解决机制不完善。在此基础上我们若想解决这些问题就应当明确主播个人、主播与平台之间的法律关系，强化直播平台自身的监管职责，建立健全该类纠纷的解决机制，以此来维护广大消费者在直播平台进行消费时的合法权益，同时推动网络直播行业健康有序的发展。
With the rise of live streaming sales, the problem of false publicity has also arisen, and it has also become particularly prominent in this process, which has infringed on the legitimate rights and interests of consumers to a large extent. Although China already has corresponding laws and regulations to regulate this problem, today, with the rapid development of the entire live broadcast industry, there is still a lack of regulation of some issues in the law itself, such as the difficulty in protecting consumers’ right to know, the destruction of the right to fair trade, and the difficulty in realizing the right to claim compensation after being lured to purchase goods or services by false propaganda. The supervision of the livestreaming platforms themselves is not in place, and the resolution mechanism for such disputes is not perfect. On this basis, if we want to solve these problems, we should clarify the legal relationship between individual anchors and between anchors and platforms, strengthen the regulatory responsibilities of live broadcast platforms themselves, and establish and improve the resolution mechanism for such disputes, so as to safeguard the legitimate rights and interests of consumers when making purchases on live broadcast platforms, and at the same time promote the healthy and orderly development of the online live broadcast industry.