Research On The Labor Legal Relationship Between Brokerage Company And Network Anchor

Webcast has become one of the most popular trade in globalizing era.With the rapid expansion of this trade,the consumption potential of the live streaming market is also growing with each passing day.Network anchor is born in this context,and the brokerage company is also committed to packaging and publicizing the network anchor to gain benefits.Because the network anchor’s own ability directly determines the economic value it can bring to the brokerage company,many brokerage companies use various means to compete for high-quality network anchors,such as giving high-quality network anchors high paid to induce them to change jobs,which leads to much disputes.Through the analysis of relevant cases,the author found that the core dispute focus of this kind of litigation is to clarify whether the brokerage company and network anchor belong to the labor legal relationship or the cooperative relationship between equal subjects.As a new profession,the legal relationship between network anchors and brokerage companies is intricate.In addition,there is no specific law to regulate it,which leads to different judgments in the judicial practice of such cases.In order to settle this matter,the author thinks that our country should conduct the relationship between the traditional labor legal identification theory and the characteristics of new pattern,and absorb foreign advanced experience to make clear the identity and status of network anchor.On this basis,we should affirm the status of network anchor,realize the mobility of legal adjustment,and provide a scientific and equitable settle for the problem of law application in judicial practice.This paper mainly discusses from the following five aspects.The first part is the introduction.This section first expounds the rapid development of the network anchor occupation and the disputes and difficulties that it has in the employment relationship with the brokerage firm under the background of Internet plus.Based on this,it clears the object,purpose and significance of the research,and then summarizes the research status at home and abroad,and introduces the research methods and framework of the paper.The second part is the analysis of the overall situation of labor dispute cases between brokerage companies and network anchors.Based on the statistics of the judicial documents concerning the disputes between the brokerage company and the network anchor in the past five years,the author selects 110 judicial documents concerning the labor legal relationship disputes between the brokerage company and the network anchor.On this basis,the author analyzes the main focus of disputes and the specific judgment ideas of the judges in the current judicial practice,as well as the main reasons for the differences in judicial judgment.The third part is about the current situation and characteristics of the employment relationship in China’s network anchor industry,as well as the legal dilemma of the protection of network anchor’s rights and interests.That is to elaborate the flexibility and diversity of the employment relationship of the industry,and compare it with the characteristics of traditional labor relations,on this basis,analyze the existing difficulties in the definition of labor legal relationship between brokerage company and network anchor.It mainly includes the following aspects: narrow subject qualification of labor relations,single binary adjustment mode of labor relations,rigid identification of subordination standard and limitations of current judicial judgment.The fourth part is the theoretical source of labor legal relationship between brokerage company and network anchor.It includes the theory of atypical labor relations and the theory of intermediate subject.The theory of atypical labor relations mainly expounds its concept,characteristics and the classification of atypical workers.And the theory of intermediate subject mainly introduces the purpose of its establishment and the concrete application of the theory of intermediate subject in Britain,Italy and Germany.The theory of atypical labor relations provides a theoretical basis for defining the nature of the legal relationship between the brokerage company and the network anchor,while the theory of intermediate subject provides a new idea for reasonably solving the labor legal relationship disputes between the brokerage company and the network anchor.The fifth part is the solution of the labor legal relationship between the brokerage company and the network anchor.That is to say,based on the above-mentioned judicial adjudication,the employment relationship between brokerage company and network anchor,the dilemma of labor legal relationship identification and relevant theories and foreign experience,based on the new changes of China’s labor market,and following the legal adjustment principles of “flexibility”and “differentiation”,we try to: add intermediate type subjects,build a ternary labor relationship adjustment mode,the use of elements to investigate the type of subordination standards and adjust the judicial thinking.