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Research On The Legal Cognizance Of The Minors’ Online Live Broadcast Behavior Of Offering Rewards

Posted on:2022-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:J X YuFull Text:PDF
GTID:2506306509476054Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the network live broadcast because of its entertainment,real-time,interactive and form of content diversity and rapid popularity,live broadcast industry has been expanding the scale,young people become the main force of live users.As a brand-new business model,“Pay-as-you-go”has become one of the most important revenue sources for webmasters and live broadcast platforms.Network live broadcast industry in promoting the development of market economy,but also caused a lot of problems.Since 2017,the frequently reported incidents of minors paying large sums of money to network hosts have aroused widespread public concern.As “Live broadcast reward” is a new network activity in China in recent years,there are no complete and specific provisions on it in domestic and foreign laws and regulations.The law and regulations involved in the disputes caused by the minors’ online live broadcast without the consent of their guardians include the Civil Code,the contract law and the electronic commerce law.In May 2020,the Supreme Court issued Article 9 of the guiding opinions(II),which stipulates that minors may request online live broadcast platforms to return money if they make gratuities without the consent of their guardians,the judicial interpretation is of great guiding significance to this kind of disputes.However,although the existing legislation and judicial interpretation can regulate the relevant issues to a certain extent,there are loopholes and limitations in the law itself,and the accuracy of the application of the law also needs further discussion.In academic circles and judicial practice,there are many disputes about the judgment of the legal problems caused by the minors ’participation in the online live broadcast,so this paper makes a deep discussion on this issue in order to provide useful solutions for this kind of cases.In this paper,first of all,the case analysis method is used to analyze three typical cases of minors ’ online live broadcast reward behavior from the perspective of different judgments,it is concluded that the focus of the dispute includes the legal nature of the contract,the qualification of the subject,the cross-examination of the evidence,and the distribution and responsibility.Second,the use of literature analysis,the case of the focus of controversy for a comprehensive and in-depth theoretical analysis.This paper comprehensively discusses the legal relationship and legal nature of the net-broadcast reward contract,how to determine the qualification of the main body of the reward behavior,the related problems of obtaining evidence and cross-examination in this kind of cases,and how to allocate and bear the civil liability.Finally,the research conclusions and recommendations are drawn through the analysis.On the basis of confirming the legality of the minors’ live broadcast offer of gratuities and clarifying the legal nature of the offer contract,it is difficult to judge the legal effect of the act from the aspects of the capacity of civil rights and the determination of the capacity,the identification of the actor,the application of the legal provisions,etc..Should increase the use of electronic evidence,according to the actual situation of the parties to the burden of proof allocation,and reasonable identification of the parties should bear the Culpa in contrahendo;finally,the establishment of corresponding measures,the authority and responsibility of relevant subjects should be brought into the legal system and supervision should be strengthened.
Keywords/Search Tags:broadcast reward, civil capacity, electronic evidence, burden of proof, Culpa in contrahendo
PDF Full Text Request
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