| As a new industry,webcasting has rapidly developed into one of the most popular virtual industries in the "Internet +" era.With the rapid development of the webcasting industry,the consumption potential of the webcasting market is also increasing day by day.This is the background of streamers Emerging emerging industries as the times require.Due to the scarcity of high-quality network anchors,they often become the object of major broadcast platforms competing for "robbing",and there are even many competitors of live broadcast platforms to induce hot anchors to jump jobs with high returns,which has led to a series of disputes.As a result,the live broadcast platform and the job-hopping anchor were in the public court.The main dispute focus of this type of lawsuit is the determination of the legal nature of the agreement signed by the streamer and the live broadcast platform company,that is,whether the legal nature of the agreement is a labor contract or a civil contract.Due to the complexity of the legal relationship between the streamer and the live broadcast platform company and the lagging of legal requirements,the legal relationship of employees in this emerging industry has not yet been clarified at the legislative level.Phenomenon of different judgments in the same case.The determination of the legal nature of the agreement between streamers and live broadcast platforms is a microcosm of the difficulty in determining the status of new types of employment in the current Internet era.In order to solve this problem,the author believes that China should learn from foreign advanced theoretical foundations and mature practical experience to clarify the status of network anchors,realize the flexibility of legal adjustment,and analyze the laws of the agreement between live broadcast platforms and network anchors on this basis.Nature,to provide solutions to the problems of legal application in judicial practice.This article will demonstrate the legal nature of network anchor agreement through the following four parts:The introduction first introduces the significance and background of the research of this article,secondly summarizes the literature referenced during the writing of this article,and finally introduces the research ideas and methods of this article.The first chapter introduces in detail the current situation of handling dispute cases between the live broadcast platform and the streamer in the current judicial practice,and also analyzes the problems existing in judicial adjudication.First,the judgment results of such dispute cases are sorted out,and then the problems existing in the current judicial ruling are elicited through group case analysis and case comment.The second chapter mainly introduces the relevant theories of atypical workers and the legislative practices of foreign countries.Based on this,the relevant theories and legislative practices are enlightened on China,and finally the feasibility of China’s reference to the theory of intermediate subjects is demonstrated.The third chapter is to explore the path to resolve the legal nature of the agreement between the live broadcast platform and the network anchor.It is mainly divided into three parts,which are the reference to the theory of intermediate type subjects,the classification of network anchors,the analysis of the rights of intermediate network anchors,and the suggestions for judicial decisions.In order to solve the problem of determining the legal nature of the anchor agreement,the author believes that the intermediate-type subject theory should be applied through legislative or judicial means to comprehensively determine the protection of the rights that the anchor should enjoy based on the work content,employment mode,and rights needs of the network anchor.On this basis,the legal nature of the agreement between the live broadcast platform and the network anchor represented by different types of network anchors is separately defined,and finally the methods for applying the law are explained. |
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