Theory Of Webcast Reward Fraud

The development of webcasting is growing through the Internet,and legal issues are also emerging.Among them,webcasting fraud is one of the most common and difficult to solve problems.By analyzing the reward disputes in reality,the article clearly raises three questions about online live reward fraud: First,there is a dispute about the legal nature of the reward,whether it is a gift contract relationship or a service contract relationship,or Other contractual relations;the second is the lack of the main body of the responsibility for reward fraud,because of the lack of an overall perspective,the network live broadcast platform has the most benefits in the reward activity but the smallest responsibility,and the rights and obligations relationship should be adjusted to achieve fairness and justice;the third is the network There are difficulties in determining the causality requirements of live broadcast fraud,and the true meaning of users when rewarding is difficult to determine.Regarding the issue of the unclear legal nature of rewards,by studying the advantages and disadvantages of various doctrines and combining with the practice of life,it is demonstrated that the user and the anchor should establish a gift contract relationship rather than a service contract relationship.It is helpful to make up for the lack of current theory and promote the healthy development of the network live broadcast industry.For the problem of the lack of responsibility for the reward fraud responsibility,first of all,through combing the reward process,it is clear that the concept of reward should include three steps:recharge,redemption and gift,rather than simple gift;secondly,due to users,anchors and webcast The inseparability of the platform in the reward activity,using the overall perspective to identify the three contract relationships in the reward activity as a multiple contract relationship.Immediately by adjusting the rights and obligations of the webcast platform in multiple contracts,it is determined that it is an operator,and failure to fulfill the notification obligation may constitute consumer fraud,and the webcast platform is included in the main body of fraud liability.Not only that,through the use of relevant theories on the definition of the scope of "third party" in "Third Party Fraud",it is demonstrated that no matter whether there is fraud on either the host or the network live broadcast platform,both should become the main body responsible for fraud.In this way,the rights and obligations of the three parties in the reward activity are balanced,the responsibility of the online live broadcast platform is severely provided,users are provided with more relief channels and channels,and the safety of users’ funds and property is guaranteed to a greater extent.Finally,the third problem is to solve the problem by limiting the scope of rewards to users.In summary,the chaotic phenomenon of online live broadcast reward fraud should be based on the whole in practice,and more should be included in the main body of the responsibility of the live broadcast platform,to clarify its main position as the operator,so as to better protect the rights and interests of users,Promote the healthy development of the industry.