Research On Valuation Of Compensation For Default Damage Of Network Anchor Contract

With the rapid development of Internet technology and information technology,the number and competitiveness of webcast platforms have been continuously upgraded.As the main participant of the webcast platform,the network anchor relies on the live broadcast platform to form a community of interests of commercial value.It is also because of the driving of commercial value that the network anchors have greater mobility between platforms,and the phenomenon of job-hopping and platform-changing is increasing.At the same time,the litigation and arbitration cases in which the platform requires the network anchor to assume responsibility for breach of contract is also increasing.In the judicial ruling,there has been a lot of controversy about the specific compensation method and the amount of compensation for the network anchor liquidated damages.This kind of dispute has greatly affected the evaluation of the amount of compensation for breach of contract in specific network anchor breach cases.In order to make the legitimate rights and interests of both parties protected by the law,we need to find the best way to quell the dispute.Firstly,the paper reviews the research literatures on the idiosyncratic human capital and the judicial theory of contract damage compensation in various countries,which can make a reference for the case of valuation of compensation for default damage of network anchor contract.Subsequently,the article sorts out the cases of default of China’s service period,default of non-competition and default of network anchors,statistics related data,quantitative analysis of the main problems and difficulties in judicial practice,and sums up the responsibility form and corresponding damage of network anchor breach.The way to determine the amount of compensation is found to be quite controversial in the amount of damages for the default of human capital contract.Therefore,the article explores the definition of the live webcast platform,the business model,and the relationship between the anchor and the platform.Then it analyzes the different compensation methods given by law and the limitations of the traditional three evaluation methods.Finally,the paper believes that adopts AHP-user traffic value method and difference method can partially overcome the above problems.Judging from the current development of the asset evaluation industry,it is impossible to make the evaluation criteria and methods for damage compensation more reasonable in a short period of time.Therefore,we need to make constant efforts to solve this reality in the next long-term exploration.Based on the unremitting research of the predecessors,the author explores the applicability of different compensation methods and the fit of the corresponding evaluation methods according to the technical and economic characteristics of the network live broadcast industry and the professional characteristics of the network anchor.Finally,the requirements are met: The legal status of today’s society can fill the evaluation gap of the network anchor’s valuation of damages for breach of contract.