| In recent years,with the rapid development of information network,the network broadcast is emerging,and has become an indispensable part of people's life.With the rapid development of the online broadcasting industry,many legal disputes are exposed.In practice,many cases of minors' huge recharge and reward in the live broadcast of the Internet have appeared.Therefore,this paper first through case analysis to raise the current minors live reward related legal issues.Secondly,the paper elaborates the specific reasons for establishing cooperative relationship between the webcast platform and the host,and discusses the nature of the behavior of audience reward the host,which should be regarded as gift contract rather than service contract.Thirdly,the author studies the effect of the recharge and reward of minors who do not have full civil capacity.Combining with the relevant provisions of the civil code and the e-commerce law,it is argued that the effectiveness of the juvenile live reward should be determined as pending.Finally,the problems of the juvenile online reward in judicial practice are discussed: including the legislation system of online broadcast to be improved;the difficulty of identifying the transaction subject;the dispute on the qualitative nature of reward behavior.And to the future development of online broadcast,the author puts forward suggestions on improving the relevant legislation system,strengthening the recognition function of the platform to the reward subject,setting the period of cool reward,so as to protect the legitimate rights and interests of minors in the online broadcast environment. |
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