Research On The Confirmation Of The Labor Relations Of The Network Live Broadcast

In the emerging industry of the Internet,the employment mode of the live webcast industry has the characteristics of both labor relations and equal civil relations: On the one hand,the live webcast practitioners(anchorpersons)are under the management and supervision of the live webcast platform companies,on the other hand,they enjoy a more liberalized form of work,which makes them different from traditional industries.At the same time,with the maturity and development of live webcast,the number of Labor Dispute Cases Between Webmasters and live broadcast platform companies has been increasing,however,due to the single adjustment mode of the current labor law and the full-coverage protection mode,it has exposed the inadaptability to the new type of employment,such as the network live broadcast employment,and in practice,the court mostly attaches importance to the formal requirements and neglects the substantive issues,together with the encouragement and support of national policies to the platform economy,this kind of employment relationship is easily excluded from the scope of labor relations.However,the adjustment of general contract law can not deal with the practical problems and needs of the anchor group.In the face of the popularization of new mode of employment,labor law should provide necessary protection for such potential workers.Therefore,we can perfect the confirmation standard of the network live broadcast employment labor relations from three aspects: one is to classify the labor relations through the division of the intensity of the subordinate attributes;To form two types of standard labor relations and non-standard labor relations,and to break the limitation of traditional labor relations by analyzing the dependency of network live broadcast The second is to introduce the "fact-based" standard for determining labor relations through the division of formal and substantive subordination,so as to resolve the contradiction between contract agreement and fact-finding,in order to balance the needs of economic development and the protection of workers’ rights and interests,different groups of workers should be protected in different levels.