A Case Study On The Dispute Of Network Anchor Contract In Sheng Shi Company Vs Tan Mou

The case demonstrated in this paper is selected from judgment document network of China,which is quite representative and truly reflects the problems existing in the process of signing and fulfilling the obligations of the contract between the platform enterprise and the signing anchor.The case displays a dispute that the plaintiff,the platform enterprise,claims compensation from the defendant,the anchor who unilaterally breaching the contract.In order to make anchors become their own exclusive signed anchors,platform enterprises usually sign contracts such as anchor contract agreement or artist cooperation agreement with anchors.In terms of the current legal norms,there is no typical contract consistent with the contracts mentioned above.In judicialpractice,judges present different decisions on similar cases.Therefore,it is of both theoretical and practical significance to study the application of labor law,contract law and other laws in the live-streaming-based industry in judicial practice through a case.First of all,this paper introduces the research background and significance as well as the domestic research status and research methods of network anchor contract.Then,the selected cases are demonstrated,which briefly introduces the basic facts of the case,the results of the court's judgment,and the three main controversial focuses of the case that how the nature of the contractual relationship between the two parties shall be determined,whether the defendant shall comply with the clause of competitive restriction in the agreement and how the defendant's liability on breaching the contract shall be defined.Based on the three core elements of the dispute focus of the case,the dispute focus from the three aspects of the concept,theoretical dispute and relevant legislation are analyzed deeply,the paper draws a conclusion which is totally different from the decision of the court.Finally,the author tentatively puts forward some suggestions on setting the labor contract relationship,promoting the reasonable flow of network anchors,and protecting the rights and interests of the platform,which works to further standardize the procedures on signing and performance of contracts between platform enterprises and network anchors,so that they can perfectly complement each other and hopefully safeguard the stable development order of the live-streaming industry.