The Dilemma and Way Out of the"Notice-Necessary Measures"Rule of Live Streaming E-Commerce Platform
Live shopping has been regarded as one of the indispensable consumption ways for people today.With the vigorous development of live shopping economy,many legal problems have begun to breed and spread rapidly.At present,the platform's duty of care for live sales activities under different business models is not clear,and the mechanical application of the"notice-necessary measures"rule has led to the improper ef-fect of"pre-lawsuit injunction".In order to explore the correct way out of the application of the rule,we should start from the legislative background of the"notice-necessary measures"rule,compare the applicable requirements of the"notice-necessary measures"rule and the"Preliminary Injunction",and introduce the sub-stantive review combined with the formal review to judge the effectiveness of the notice.The live streaming e-commerce platform is not only a messenger for the communication between the right holder and the operators within the platform,but also an important force for maintaining the ecological environment of the live streaming sales market.It should explore the specific implementation of"notification-necessary mea-sures"on the basis of platform autonomy,clarify platform obligations,and enhance platform governance ca-pabilities.
Live E-commerce"Notification-Necessary Measures"Duty of Care
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