A Study On The Identification Of Labor Relationship Between Network Anchor And Live-streaming Platforms

In the context of "Internet+",the webcast industry has developed rapidly in recent years.With the surge in the number of network anchor,determining the juridical relation of the network anchor and live-streaming platforms is one of the main tasks.Comparing with the traditional labor mode,although the employment pattern of the webcast shows the characteristics of weakened dependency and enhanced labor autonomy,it's still labor relationship between the network anchor and the live-streaming platform.Due to the limitations and ambiguities of the current laws on live broadcast,it can not provide normative guidelines for the current labor disputes.So there are differences in theoretical research and judicial practice on whether providing labor services based on live-streaming platforms should be recognized as labor relations.Therefore,basing on some judicial cases,this paper combs the litigation disputes between the live broadcast platform and the network anchor,and tries to deconstruct how the court determine the status of the network anchor in the judicial practice,to explore the reasons for the legal application dilemma.And this paper puts forward some countermeasures to resolve labor disputes in this new employment model,such as establishing the identification standard of "Internet" labor relations,strengthening the labor laws of the online live broadcast employment,etc.,so as to achieve the balance of platform development and practitioners' rights protection.