cross-border e-commerce: disputes over live streaming and the double eleven shopping festival

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case study:

in july 2021, the well-known anchor guo signed a cooperation agreement with the manufacturer zhang. the two parties agreed that zhang would be responsible for the production and sale of products, while guo would be responsible for sales. during the double eleven period, the sales of live broadcast products declined and finally settled at 44,000 yuan. zhang urged guo to "pay the bill", but guo denied that the inventory products were customized by him. a year later, the two parties still had a dispute over inventory products, which eventually went to court for trial.

judgment:

the court held that the specific terms in the cooperation agreement between the two parties were not clearly defined. according to the actual sales amount, inventory amount and previous sales trends of both parties, the materials purchased by zhang to fulfill the contract were in line with the sales expectations at the time. guo's poor sales led to the accumulation of inventory products, so he should bear the sales responsibility for the inventory products. however, zhang also needs to bear part of the responsibility because his excessive purchase of raw materials was also one of the factors causing the inventory. in the end, the court ruled that the cooperation agreement between the two parties was terminated, guo was required to compensate zhang for more than 1.32 million yuan, and zhang was required to return the inventory products of equal value.

cross-border e-commercecomplexity:

cross-border e-commerceit has developed rapidly, but it also faces many challenges. among them, there are many problems in the live streaming sales model and the cooperation model between merchants and anchors.

1. lack of laws and regulations: at present, my country does not have complete laws and regulations on live streaming sales, which makes it difficult to resolve disputes between some anchors and merchants.
2. opaque distribution of benefits: the cooperation model agreements between some merchants and anchors are vague, resulting in unclear division of responsibilities.
3. live broadcast content and risk control: live streaming platforms need to strengthen supervision of live streaming content to prevent illegal operations or false advertising.

future outlook:

along withcross-border e-commercewith the development of live streaming, how to solve the problem of cooperation model between merchants and anchors, as well as the laws and regulations to protect the distribution of benefits, will become important issues in the future. it is recommended that government departments and industry associations jointly promote the formulation of sound laws and regulations, and encourage both parties to clearly stipulate in the agreement relevant matters such as product selection, pricing, copyright and inventory handling. in addition, live streaming platforms should also strengthen the supervision of live streaming content, prevent illegal operations or false propaganda, and protect the interests of users.