Research On The Termination Of Service Contracts For Live Webcast

The webcast performance service contract is an expression of the intention to agree on the relationship of rights and obligations between the parties to the webcast performance service.The "Civil Code of the People’s Republic of my country"(hereinafter referred to as the "Civil Code")does not include this contract as a well-known contract.With the rapid development of the webcast industry,there are more and more disputes arising from the performance of webcast performance service contracts.When the behavior of the live broadcast platform does not constitute a fundamental breach of contract,the anchor asks to terminate the contract after the fundamental breach,and the live broadcast platform requires continued performance.When the contract is deadlocked,how to break the contract deadlock has not yet been determined.On the one hand,the live broadcast platform requires a lot of costs to cultivate successful anchors.Therefore,it is particularly important to maintain the stability of the web live performance service contract.On the other hand,when the anchor requests to terminate the contract,maintaining the validity of the web live performance service contract is vital to the anchor’s personal life.It is highly restrictive,so it is of great significance for the live broadcast platform and the anchor to discuss how to terminate the service contract of the web live performance.In order to achieve fair justice,it is necessary to conduct an in-depth study on the legal issues of the termination of the webcast performance service contract.This provides a refereeing idea for the handling of the webcast industry anchors wanton breach of contract and the live broadcast platform requesting compensation for the sky-high liquidated damages.To remove the interest measurement involving the anchor and the live broadcast platform,the judge must not only make judgments in accordance with the current legal norms,but also pay attention to the outstanding characteristics of the live broadcast industry.The thesis focuses on the issues related to the termination of the webcast performance service contract.The first part of this article introduces the topic background and writing ideas.The second part starts from the basic theory of contract termination,combined with the type of contract termination,and then summarizes the basic theories of the right to terminate the webcast performance service contract,laying a foundation for the analysis of the current situation and problem analysis of the following webcast performance service contract termination.The third part is the focus of this article.It mainly combines typical cases in judicial practice,summarizes four important legal issues that need to be resolved,and conducts a rigorous analysis and discussion on these four issues in the current situation of the termination of the webcast performance service contract.The prominent legal issues are the nature of the web live performance service contract,the issue of the party in breach of the web live performance service contract,the liability for the termination of the web live performance service contract,and the validity of the competition restriction clause in the web live performance service contract.The fourth part of the thesis puts forward perfect related system suggestions for the current situation and problems of the termination of the live performance service contract.It clarifies that the web live performance service contract has the nature of a performance contract,a continuation contract and a commission contract.The necessity of the establishment of the right to rescind system is to clearly establish a system of the constituent elements of the right to rescind the party in breach of the webcast performance service contract.In terms of improving the system for determining the liquidated damages for the termination of the webcast performance service contract,two suggestions are given,namely,the method of calculating the liquidated damages with reference to the breach clauses of the webcast performance service contract and the calculation standard of the breach penalty of the webcast performance service contract.Regarding the expansion of the applicable non-competition system in the webcast performance service contract,it explained the necessity of the expansion of the noncompetition system,and also proposed a way to expand the applicable non-competition system in the webcast performance service contract,so as to effectively regulate The host’s competitive behavior to protect the legitimate rights and interests of the live broadcast platform.