Research On Legal Issues Of Juveniles' Online Live Broadcast Reward

There are more and more disputes caused by live broadcasting of rewards.In terms of judicial application,no unified standard has been formed,and the phenomenon of different judgments in the same case is serious.There is no legislation on the characteristics of online live broadcasting and live tipping.Network to live is the main basis of the administrative rules on November 4,2016,issued by the state Internet information office "live Internet service management regulation",but the content is mainly aimed at specification live webcast platform and content,and not live webcast exceptional rules,and the only normative documents,effectiveness level low reason,can not fundamentally effective specification webcast reward behavior,or solve the webcast exceptional related issues.Online written judgment in China based on a case that has already announced as the breakthrough point,through the case study method,for minors webcast exceptional legal relationship,contract effectiveness,using the qualifications,legal responsibility four problems were analyzed,and the author thinks that live webcast exceptional should belong to the gift contract,guardian shall have the right to bring a suit to the plaintiff's identity live platform,minor webcast to admire the formation of the contract should be invalid,the contracting fault liability losses as the premise,and minor webcast reward,live and live platform without first contract duty,minor or guardian to recover the webcast to admire,It will not cause losses to the platform,so the minors and guardians do not need to bear the liability for contracting negligence.The author believes that through the formulation of new rules or modification of the old rules,the online live broadcast reward can be included in the adjustment scope,the online live broadcast reward can be cancelled within a certain period of time system,a single single account reward limit for a single day,the online live broadcast reward behavior and the live broadcast activities of the platform can be standardized.In addition,the online live broadcast platforms should be supervised in a coordinated way,and the function of online live broadcast rewards should be restricted for minors,so as to strengthen the judicial argumentation of cases of minors' rewards disputes,so as to promote the healthy development of online live broadcast rewards platforms and better protect the rights and interests of minors.