网络直播带货存在的问题及治理

Problems and Comprehensive Measures of Online Live Broadcasting with Goods

web3.0时代来临,使得直播带货愈发兴旺。然而,新兴事物的出现虽然往往拥有无限生命力、创造力,但同时也伴随着无史可借鉴的困境。网络直播带货中出现的售假、售劣现象无疑给这一新事物造成了管理困境,现有理论认为在分析售假、售劣行为的外因之外,较少关注到行为人从事此类行为的内在动力才是本质原因。本文以理性经济人理论探究网络直播带货中行为人售假、售劣行为的本质原因,从“成本-收益”的角度看:售假、售劣者所收获的利益高于其成本是其从事售假行为的根本原因,但是这样的利益衡量仅立足于经济成本而忽视法律成本。唯有外因、内因同时着手,方是规制网络直播带货问题的有效手段。

With the advent of the web3.0 era,the live delivery of goods has become more and more prosperous.However,although the emergence of new things often has infinite vitality and creativity,it is also accompanied by the dilemma of no history to learn from.The phenomenon of selling fake goods and selling inferior goods in the live broadcast of the Internet has undoubtedly caused a management dilemma for this new thing.The existing theory holds that besides analyzing the external causes of selling fake goods and selling inferior goods,the essential reason is that less attention is paid to the intrinsic motivation of the actors engaged in such behaviors.Based on the rational economic man theory,this paper explores the essential reasons of selling fake goods and inferior goods for people in live webcast.From the perspective of"cost-benefit",it is the fundamental reason that the profit gained by the sellers of fake goods and inferior goods is higher than their cost.However,this kind of benefit measurement is only based on the economic cost and ignores the legal cost.Only the external and internal causes can start at the same time,which is an effective means to regulate the problem of live webcast delivery.