Identification Of The Nature Of The Webcast Employment Contract

In recent years,Chinese live broadcast industry has developed rapidly,and the disputes have continued to increase,among which the live broadcast employment dispute amount is one of the most significant.By analyzing 408 relevant judgments from 2020 to 2021,it can be found that judges have their own reasons for making different judgments,but there are also cases where diametrically opposite judgments are made for cases with similar circumstances.The root cause of this contradiction in the judgment is that,according to the unitary adjustment mode of Chinese current labor law system,whether it is identified as a labor relationship or not,there is a dilemma.Therefore,clarifying the nature of the live-broadcast employment contract has practical significance to help judges to adjudicate and promote the same judgment in the same case.Looking abroad,in recent years,many countries and regions in the civil law system and common law system have responded positively to the emerging gig economy and the employment disputes caused by it,but so far there is no perfect measurement.However,all countries are aware of the problem that more and more labor service providers are excluded from the scope of application of labor law.Therefore,it has become a development trend of various countries to consider such marginal subjects into the scope of protection of labor law.This thesis conforms to this trend,and combines domestic judicial and theoretical status quo,divides live broadcast employment into three categories and puts forward referee suggestions respectively.However,this phenomenon of different judgments in the same case is a common phenomenon encountered by many industries that accompany the symbiosis of the information technology era.The essential problem is the incompatibility of Chinese labor law system in the new era.Therefore,in order to improve the current labor law system,adopting the way of trichotomy can fundamentally solve the problem.This can not only prevent the consideration loopholes in the referee’s suggestions,but also actively respond to various new employment methods that may appear in the future.