Research On The Legal Relationship Between Live Streaming Platform Operator And Streamer

The advent of the "Internet+" era has made the integration of the Internet and traditional industries more and more tight,and has provided new opportunities for the reform and innovation of traditional industries,which has evolved a new type of employment relationship that is different from the traditional employment relationship.New employment relationships exist in multiple industries,such as webcasts,taxi rentals,takeaways,etc.,and all are built on the Internet as a platform.The new type of employment relationship reflects the flexibility and freedom that traditional employment relationship does not have.It has its new characteristics in the establishment,dissolution,and treatment of employment relationship.However,the existing laws have shown many difficulties in adjusting and regulating them,and differences in determination have also arisen in judicial practice.Therefore,academic circles have also launched fierce discussions.The legal employment relationship between the live broadcast platform and the anchor in the webcast is also in line with the characteristics of the new employment relationship.This article takes this as a research object,while interspersing the case analysis,the qualitative differences in the employment relationship between the live broadcast platform and the anchor are separately analyzed Discuss and analyze and summarize the two theories that have differences-the theoretical basis and limitations of the contractual relationship theory and the labor relationship theory,so as to discover the qualitative fundamental problems.Then,by introducing foreign legislation,he put forward his own thoughts and suggestions for the dilemma of the identification of employment relations on the Internet.This article expands the analysis and discussion with the following structure:The introductory part first searches through the case and puts forward the core question of this article,namely how to determine the legal relationship between the network live broadcast platform and the network anchor.Then,combining the existing research summaries of domestic and foreign scholars on this issue,it explains the value and significance of studying this issue.Finally,the research methods and thesis structure used in this paper are briefly introduced.The first chapter constitutes the new employment relationship and the components of the employment relationship in the webcast.This chapter explains several core concepts involved in the research question,including concept introduction,characteristics,legal attributes,etc.,in order to understand the unique operating model and the characteristics of the two main bodies in the webcast,so as to better analyze its legal relationship.The second chapter is the mainstream view of the identification of employment relationship on the webcast-contract relationship.This chapter will analyze the contractual relationship theory that currently prevails in judicial practice and academic research.Starting from its qualitative basis,it will analyze the reasons for the widely recognized view of the employment relationship on the Internet as a contractual relationship.Related issues.Later,the defects of the contract relationship theory are discussed.The focus is that the network live employment relationship still contains many characteristics that exceed the scope of contract law adjustment.The third chapter explores the feasibility of identifying the employment relationship on the Internet as a labor relationship.This part develops on the basis of Chapter 2.The legal relationship between the webcasting platform and the webcaster reflects many subordinate attributes peculiar to many labor relations.The analysis of webcasting from the aspects of personality and economics Employment relationship.Later,from the analysis,we found the limitation of the weakening of attributes and the lagging of current legislation in the live broadcast of labor,and it is difficult to identify the limitations.The article introduces the fourth chapter to explore the new path of adjustment mode.The fourth chapter: Thoughts and Suggestions on the Identification of Employment Relationship in Webcast.This chapter is based on the analysis and discussion of the first three chapters and concludes that the existing law is lagging behind and the adjustment mode is single,which has resulted in different determination results in judicial practice when dealing with disputes over live broadcast employment.Aiming at this conclusion,I put forward my own opinions and possible trial schemes,including the addition of three types of subjects: the establishment of intermediate types of subjects,the improvement of the current labor law subordinate attribute recognition standards,and the development of targeted transition specifications.In order to solve the problem of determining the legal relationship between the network live broadcast platform and the network anchor,it also provides some references for the specification of the new employment relationship.