Market supervision bureaus (departments and committees) of all provinces, autonomous regions, municipalities directly under the central government and Xinjiang production and Construction Corps: in order to strengthen the supervision of online live marketing activities, protect the legitimate rights and interests of consumers, and promote the healthy development of new forms of live marketing, in accordance with relevant laws, administrative regulations and the responsibilities of market supervision departments, the following opinions are put forward. Under the guidance of Xi Xi’s Thought on socialism with Chinese characteristics in the new era, we should fully implement the spirit of the 19th CPC National Congress and the 2nd, 3rd, 4th and 5th plenary sessions of the 19th CPC Central Committee, conscientiously implement the decisions and arrangements of the CPC Central Committee and the State Council, adhere to the principle of administration according to law, adhere to inclusiveness and prudence, innovate the concept of supervision, and actively explore the supervision that adapts to the characteristics of the new business and is conducive to fair competition among various market entities In order to promote the healthy development of live network marketing, we should investigate and deal with the illegal behaviors such as infringing on the legitimate rights and interests of consumers, infringing on intellectual property rights and disrupting the market order in the marketing activities of live network broadcasting, so as to create a fair and orderly competitive environment and a safe and secure consumption environment. (1) legal liability of compaction network platform. The network platform provides online business place, transaction matching, information release and other services for the operators who sell goods or provide services through live network for both parties or parties to independently carry out trading activities, especially the network platform opens the function of live broadcast promotion service operators to settle in, and provides live broadcast technology for operators who promote goods or services through live network Technical services, should be in accordance with the provisions of the “e-commerce law” to fulfill the responsibilities and obligations of e-commerce platform operators. < / P > < p > if the network platform provides payment diversion services for commodity operators (including service providers, the same below) or network live broadcast operators, and propagandizes and promotes the marketing activities of network live broadcast, which constitutes commercial advertisements, the responsibilities and obligations of advertisement publishers or advertising operators shall be fulfilled in accordance with the provisions of the advertising law. < p > < p > if the network platform provides its users with webcast technical services in other ways, it should apply the relevant responsibilities and obligations of the e-commerce platform operators in the “e-commerce law” or the responsibilities and obligations of the network service providers in accordance with the specific circumstances such as whether the platform participates in the operation, the Commission sharing, and the platform’s control over the users. (2) legal liability of compaction commodity operators. When selling goods or providing services through network live broadcast, they should perform corresponding responsibilities and obligations in accordance with the relevant laws and regulations, such as the e-commerce law, the consumer protection law, the anti unfair competition law, the product quality law, the food safety law, the advertising law, the price law, the trademark law, and the patent law. (3) compaction of legal liability of live webcast. A natural person, legal person or other organization shall publicize the performance, function, quality, sales status, user evaluation and honor of goods or services through live network, which shall be true and legal, and conform to the relevant provisions of the anti unfair competition law. If the live broadcast content constitutes a commercial advertisement, it shall perform the responsibilities and obligations of the advertisement publisher, advertising agent or advertising spokesman in accordance with the provisions of the advertising law. (4) standardize the marketing scope of goods or services. Commodity operators who sell goods or provide services through live network should abide by relevant laws and regulations, establish and implement the inspection and acceptance system of goods purchase. It is not allowed to sell the goods or services prohibited by laws and regulations through live network broadcast; it is not allowed to publish commercial advertisements in mass media according to laws and regulations; it is not allowed to sell commodities or services that are prohibited from online trading through live network. (5) standardize the examination and release of advertisements. In the network broadcast marketing activities, the advertisement that should be reviewed before release according to laws and administrative regulations should be strictly observed. Without examination, advertisements for medical treatment, drugs, medical devices, pesticides, veterinary drugs, health food and formula food for special medical purposes that should be reviewed before publication shall not be published. (6) protect consumers’ right to know and choose. If a commodity operator sells goods or services through live network broadcasting, it shall continuously publicize the business license information and administrative license information related to its business operation in a prominent position on the homepage of its online shop, and provide consumers with business address, contact information, after-sales service and other information. The network platform shall provide technical support and other convenient conditions for publicizing the above information. (7) investigate and deal with illegal e-commerce activities according to law. In view of the problems such as inadequate implementation of platform responsibilities in the network live marketing, according to the “e-commerce law”, we focus on investigating and punishing illegal acts such as deleting consumer evaluation without authorization, failing to take necessary measures for the operators in the platform violating the legitimate rights and interests of consumers, failing to fulfill the obligation of qualification examination and qualification, and failing to fulfill the obligation of safety protection for consumers. (8) to investigate and deal with illegal acts that infringe upon the legitimate rights and interests of consumers. According to the law on the protection of consumers’ rights and interests, the law of the people’s Republic of China on the protection of the rights and interests of consumers is to focus on the investigation and punishment of such illegal acts as repair, remaking, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses, as well as intentional delay or unreasonable refusal. (9) investigate and punish illegal acts of unfair competition according to law. Aiming at the problems of unfair competition such as fictitious transaction or evaluation, cheating and misleading consumers by network live broadcast marketing, according to the anti unfair competition law, we focus on investigating and punishing the illegal behaviors such as carrying out false or misleading commercial propaganda, helping other operators to carry out false or misleading commercial propaganda, counterfeiting confusion, commercial slander and illegal prize sales. (10) investigate and punish illegal acts of product quality according to law. In view of the problems of selling fake and shoddy products in live network marketing, according to the product quality law, we focus on investigating and punishing illegal acts such as adulterating products, passing fake products as real products, substandard products as high-quality products, counterfeiting the origin of products, and counterfeiting or falsely using the name of other factories. (11) investigate and deal with illegal acts of infringing intellectual property rights in accordance with the law. According to the trademark law and patent law, we focus on investigating and punishing illegal acts such as infringing the exclusive right of registered trademarks and counterfeiting Patents according to the trademark law and patent law. (12) investigate and deal with illegal acts of food safety according to law. In view of the food safety problems in the network live marketing, according to the food safety law, we focus on investigating and punishing illegal acts such as selling food without business qualification, selling food that does not meet the food safety standards, and selling food with false production date or beyond the shelf life. (13) investigate and deal with illegal advertising activities according to law. In view of the issue of false and illegal advertising in the network live marketing, according to the “advertising law”, we focus on investigating and punishing illegal acts such as publishing false advertisements, publishing illegal advertisements against good social customs, and illegal advertising endorsements. (14) investigate and deal with price violations according to law. In view of the price violation in the network live marketing, according to the “price law”, we focus on investigating and dealing with illegal behaviors such as price raising, using false or misleading price means to lure consumers into trading. Local market supervision departments should attach great importance to the supervision of live network marketing activities, strengthen the organization and leadership, give full play to the comprehensive law enforcement advantages, and effectively improve the supervision efficiency and level of live network marketing activities. It is necessary to strengthen the communication and cooperation with the departments of network information, public security, radio and television, strengthen information sharing and coordination, and enhance the joint force of supervision. It is necessary to strengthen the investigation and handling of cases and do a good job in linking up the execution of sentences. If an illegal act is found to be suspected of a crime, the case shall be transferred to the judicial organ in a timely manner. Global Tech

By ibmwl