Research On The Legal Relationship Of Webcast

With the emergence of network live broadcasting platform,it has brought great changes to people's life and changed people's traditional way of interactive communication.Viewers are not limited by time and space.They can watch their favorite live activities anytime and anywhere through mobile phones or computers,and have real-time interactive communication with the host,which becomes a way of entertainment.However,the emergence of new things is accompanied by some new social problems,"Sky high liquidated damages","reward for minors","reward for misappropriation of public funds" and other social hot news are all problems in the development process of online live broadcasting.However,China's laws and regulations on these problems are not clear now,and relevant laws and regulations are distributed in different department laws,and at present,it has not realized all-round industry self-discipline.Therefore,the author believes that it is necessary to take social hot cases as the starting point,extract common problems,and re-examine the online live broadcasting industry from the perspective of law.This paper will discuss the possible problems in the theory and practice of the legal relationship of the network live broadcast,and put forward some superficial opinions.First of all,this paper summarizes the current situation of the network live broadcasting industry,as well as the characteristics of the legal relationship of the network live broadcasting,the main participants,and combs the legal relationship between the various subjects.Secondly,this paper focuses on the legal relationship between network anchor and platform.There is no unified standard for the nature of the contract signed between the anchor and the platform in practice.The author analyzes the nature of the contract in combination with the case.The author discusses the rationality and legitimacy of the non competition in civil contract.Theconditions.In practice,when the anchor violates the system of competition restriction,behavior preservation becomes a way of relief for the obligee.When the anchor rescinds the contract,it is often accompanied by the liquidated damages.The author analyzes the feasibility of the anchor exercising the legal rescission right and discretionary rescission right.The high penalty is to punish the anchor,but is the "high penalty" reasonable? Can the principle of obvious unfairness be used in the penalty? The author thinks that the judgment time can be reduced according to the obvious unfairness.Finally,this paper discusses the possible problems in the legal relationship between the network anchor and the user,analyzes the nature of the network reward contract,and analyzes the nature of the reward contract as a gift contract or a service contract based on the current and possible future development of the reward model.Combined with hot issues such as illegal live content,reward for minors,beauty fraud and reward for stolen money,this paper discusses the possibility of reward recovery and the corresponding legal basis,and makes in-depth analysis.