Research On The Protection Of Rights And Interests Of Users Who Are Rewarded By Online Live Broadcasts

Since 2016,China's live streaming industry has been developing rapidly,and now it has developed a variety of business models such as live performance,live delivery,and live education,etc.Among them,live reward has become an important part of live stream economy.However,due to the absence of relevant laws and regulations,the "barbaric development" of live reward has caused a series of social problems.In the past two years,though there have been a number of litigation disputes in judicial practice,yet without an uniform standard in legal definition.What's more,in disputes,the claims of rewarding users are often difficult to get legal support.There is still a lack of clear definition and effective protection for the rights and interests of live reward users.This paper will start from the perspective of protecting the rights and interests of the live rewarding users,study the related legal issues caused and extended by the live rewarding behavior,study the rights and interests' protection of the rewarding users,and try to introduce the relevant theories and perspectives of consumer protection into the analysis of the live streaming legal definition,legal relationship and specific legal issues.This paper is mainly divided into the following four parts:The first part introduces and sorts out the composition and characteristics of live reward,defines the scope of discussion,and sums up the main problems existing in the protection of users' rights and interests from two aspects: the general and the specific protection of users' rights and interests.The second part analyzes and identifies the legal nature of the live reward contract.Firstly,it comments on the shortcomings of the existing theories and practices,especially the disharmony between the existing viewpoints and the protection of reward users' rights and interests.Then,by introducing the explanation path of appearance doctrine and the linked contract theory,and from the standpoint of rewarding the protection of users' rights and interests,the users,the livestreamer and the platform establish network service contracts at the same time,and the platform-livestreamer is responsible for the users as a whole.At the same time,the two stages of users' rechargereward constitute a whole linked contract,and the rights and interests of reward users are protected completely and continuously in the whole process of reward behavior.The third part,it is clear that live reward users are applicable to consumer rights protection.Referring to the existing legislation such as Consumer Protection Law and E-Commerce Law,and applying the general theory of consumer protection,this paper introduces the concepts of "operator" and "consumer" into the analysis and evaluation of the rights and obligations of the subject in the online live reward behavior,and makes it clear that the platform and the livestreamers whose main business is live streaming should bear the operator responsibility for users;In the case,whether the livestreamer bears the responsibility of the operator or not needs to specifically measure the strong and weak relationship between the livestreamer and the user.The fourth part,combined with the conclusion of the previous discussion,combs the optimization ideas of general protection of users' rights and interests from three aspects: legal evaluation,legal application and system construction;Finally,it puts forward some suggestions on the practical problems of protecting the rights and interests of three types of users,namely,reward refund for minors,reward fraud identification and irrational reward regulation.