C2C直播二手商品真伪责任分配研究
A Study on the Assignment of Responsibility for Authenticity of C2C Live Streamed Used Goods

直播二手交易快速发展，但商品真伪纠纷频发，消费者维权困难。本文聚焦C2C直播场景中二手商品交易的真伪责任认定难题，旨在探索消费者权益保护与平台责任平衡的解决方案。分析现状发现，纠纷数量与维权效率脱节、法律适用模糊和技术特性引发固证困难共同作用造成争议升级。从交易主体责任分配视角分析，造成上述混乱的原因本质是卖家身份核实存瑕、平台以技术中立逃避责任、消费者举证成本高昂和第三方鉴定标准缺乏。因而，研究提出对应解决措施：第一，构建卖家信用身份核实体系；第二，法律重构技术赋能明确平台责任边界；第三，改革消费者举证规则、推行场景化举证责任倒置；第四，制定国家统一鉴定标准。研究为完善《电子商务法》《消费者权益保护法》提供新思路，有助于构建更可靠的C2C直播二手交易环境。
Live streaming second-hand trading is developing rapidly, but disputes over the authenticity of commodities occur frequently, and it is difficult for consumers to protect their rights. This paper focuses on the problem of determining the authenticity of second-hand goods in C2C live broadcasting scenarios, aiming at exploring the solution of balancing the protection of consumers’ rights and interests and the responsibility of platforms. Analysing the current situation, it is found that the number of disputes is out of line with the efficiency of rights protection, the ambiguity of legal application and the difficulty of solid evidence caused by the technical characteristics have contributed to the escalation of disputes. Analysed from the perspective of responsibility allocation among transaction subjects, the causes of such confusion are flawed identity verification of sellers, platforms evading their responsibilities through technological neutrality, high costs of proof for consumers, and the lack of third-party authentication standards. Therefore, the study proposes corresponding measures to solve the problem: firstly, to build a credit identity verification system for sellers; secondly, to clarify the responsibility boundary of platforms through legal reconstruction and technological empowerment; thirdly, to reform the rules of evidence for consumers and implement scenario-based reversal of the burden of proof; and fourthly, to formulate a unified national appraisal standard. The study provides new ideas for improving the E-Commerce Law and the Consumer Protection Law, and helps to build a more reliable environment for C2C live second-hand trading.