Research On The Behavior Of Network Reward From The Perspective Of Civil Law

With the advent of the Internet era,all aspects of social life are permeated with information technology,which has a huge impact on our work and lifestyle.The development of network information technology has also greatly enriched our life.The emergence of network novels and network live broadcast not only promotes the development of China’s Internet economy,but also promotes employment and the germination and development of network reward economy.Reward related network transactions have the basic characteristics of non physical and simultaneous production and consumption,and its composition belongs to the service industry in the tertiary industry of China’s national economy.Because the relevant laws of our country do not clearly identify the nature of the network reward behavior,there are many problems in the actual application of the reward mechanism,such as: the social public opinion caused by the huge amount of reward to the network anchor without the consent of the legal agent;the parties involved in the network reward disputes have no way to seek relief and so on.Such phenomena emerge in an endless stream,which is not only not conducive to the normal development of online live broadcasting,but also affects the correct orientation of socialist core values.The main reason is that the rapid development of the new economic model highlights the lag of the law,which also leads to the lack of guiding cases in judicial practice.After all,the key to the problem is that the nature of the network reward is not clear.The ambiguity of the legal nature will inevitably lead to differences and deviations in the practical application of the law,which also fully demonstrates the necessity of the research on the nature of the network reward.This paper analyzes the nature of the network contract,compares the gift contract and the service contract,and combines the characteristics of the network reward behavior to identify the legal nature of the network reward behavior as the gift contract.On the premise of determining the legal nature of the network reward behavior,finally,by analyzing the legal effect of the network reward behavior and the problem of minors’ reward,to solve the problem of network reward in judicial practice.We should use inclusive thinking to deal with the emerging new things,and at the same time use a more responsible attitude and better legislative technology to improve our laws and regulations,so as to adapt to the complex society and the innovation of China.