The Legal Relationship Between The Live Broadcast Platform And The Network Anchor

Webcast,as one of the emerging industries spawned by the Internet economy,has attracted a large amount of capital into the Webcast industry.A large number spring up the live broadcast platforms,the rapid expansion of live broadcast types and content,the flexible working hours and places of network anchors,the low employment threshold and the high income under the followers economy have attracted more and more people to join the employment wave of network anchors.Among them,network anchors with a large number of followers often become the object of "robbing" by major live broadcast platforms,and even many competitors of live broadcast platforms lure popular anchors to change jobs with high interest returns,which leads to a series of disputes and lawsuits with platforms.At present,China’s labor legislation and civil legislation have not conducted qualitative research on the legal relationship between the network anchor and the live broadcast platform,and have not clearly defined the nature of the agreement signed between the network anchor and the live broadcast platform.With the random development of the live broadcast industry,which have directly led to the phenomenon of different judgments in the local courts for the same case when determining the legal relationship between the network anchor and the live broadcast platform.The legal relationship between the network anchor and the live broadcast platform is a microcosm of the difficulty in identifying the status of the new type of employment in the current Internet era.In order to solve this problem,the author thinks that China can learn from the theory and practical experience of atypical labor relations outside the country,set up a special chapter on atypical labor relations on the basis of the existing labor law,make special legislative arrangements for atypical labor relations,establish the legal status of atypical workers,improve the protection system of atypical workers’ rights and interests,give them preferential protection,and give priority to the application in case of conflicts,so as to solve the dilemma of protecting the rights and interests of network anchors.This article will sort out the legal relationship between the network anchor and the live broadcast platform through four parts:The first part firstly introduces the new employment in the process of webcasting,starting from the emergence and development of new occupations in the process of webcasting,summarizes the differences and particularities between webcasting employment and traditional employment,and lists the dilemma of rights and interests protection faced by network anchors and the differences in judicial cases.The second part analyzes the legal relationship between the network anchor and the live broadcast platform,and analyzes in detail the identification standards of cyberspace lease relationship,business partnership relationship and labor relationship,and the limitations of adjusting the employment relationship of the live broadcast network.The third part mainly introduces the atypical labor relations and the system of atypical labor relations outside the country.Germany,Britain,Canada and Italy set up atypical workers with different titles in the middle of labor relations and labor relation,which can protect the rights and interests of atypical workers and consider the labor costs of employers.The fourth part is to explore the path to solve the legal relationship between the live broadcast platform and the network anchor,and to build an atypical labor relationship between the network anchor and the live broadcast platform in China.More protection for atypical workers represented by network anchors,so that they can enjoy the rights enjoyed by some typical workers,including the protection of labor standards,social insurance and non-competition restrictions,which can not only solve the judicial differences in confirming labor dispute cases,but also help protect the legitimate rights and interests of network anchors and promote the standardization of employment on the Internet platform under the sharing economy.