On The Legal Nature Of Online Reward Behavior

Internet users through the way of "reward",will own property to pay for network public performance,acting,writing,carving,lecture,broadcast and other individuals or groups,reward related network deals with the physical and the basic characteristics of the production and consumption at the same time,its constitute belongs to the service sector in the tertiary industry of national economy in our country.Because our country relevant Internet legislation has not yet to clearly define the nature of network reward behavior,reward system generates a lot of problems in practical application,such as the illegal possibility of reward object does not favor the correct guidance of socialist core values;It is not conducive to maintaining the security of the transaction and violating the principle of fairness.The tax standard of large transactions between the parties and the subject of tax payment are not clear and so on.The main reasons is the rapid development of the emerging economic model makes legal lag,variations of legal practice judicial precedents are few and far between,a similar dispute cases lack of guidance.After all,these problems are not clear,because the network reward properties of legal nature of the fuzzy and controversy is bound to lead to deviation on the use of chaos and thinking of law,it deeply shows that the network to play the necessity of research on the legal nature of appreciation.Current theory about the nature of the research is still inadequate,consumer behavior and donative behavior two kinds of views,only metaphysical classify according to its characteristics,need we to critical thinking to analyze and correct.Result by comparing clear the reward behavior and consumer behavior and donative behavior,the relationship between the network classified as reward behavior between the server and the server in the sales contract category,is conducive to fill because of the network technology alienation of law regulating gap,promote the healthy development of Internet industry.But at the same time,it should be taken into account that the user's intention is to appreciate and support these behaviors.The subjective intention of the user is to give,and the new things should not be taken into consideration.Drive reward behavior analysis,therefore,it can be divided into two parts,basic reward and extra reward discussions,the source of reward illegal,to protect the transaction security,the foundation of the reward amount will not be recovered,and extra reward amount recovered unconditionally.And questions about their taxes,and platform by reward people can make confirmation on the taxes in accordance with the contract,pay taxes according to the standard can be will play to admire the basic income in accordance with the labor remuneration income tax,will play to enjoy extra income in accordance with the income tax by accident.In this way,it accords with the principle of fairness in civil law.At last,through the comparative analysis,in determining the legal nature of reward good network behavior in general,under the premise of points by the comprehensive way of thinking from part to whole regulating its property ownership,in the practice stage still need by improve the quality of justice,a consumer protection principle,create reward "regret" authorized mechanism and platform of autonomy and ways to perfect our network of the trading behavior management in reward basis.