Study On The Nature Of Online Reward Behavior And The Application Of Its Rules

In recent years,with the continuous development of the live broadcast industry,the volume of live broadcast economy is also rising,and reward has become a controversial social topic.At first,this kind of behavior only appears offline,with strong initiative and voluntariness,that is,if the audience is not interested in the performance,they can leave at any time without any compulsory requirements.But now,with the rapid development of Internet and mobile payment technology,the past on-site reward mode can be completed by only one mobile phone.This change not only facilitates the platform users,but also leads to the sharp increase of legal disputes caused by the behavior of instant completion in virtual scenes.By studying the cases involving reward in litigation in recent years,we can find that the problems that the judicial organs have to face and solve in practice mainly include: what is the legal nature of reward? After determining the legal nature of the act,how can the existing rules be applied in the settlement of such disputes? There is no doubt that these problems are the logical starting point and final destination of regulating reward behavior.Therefore,in order to solve the above problems,the first thing to be clear is the legal nature of reward.At present,there are mainly service contract theory and gift contract theory in the field of practice and theory,but in fact,based on the dual consideration of normative behavior and value measurement,the reward behavior is affected by the audience’s subjective intention,value orientation,behavior preference and other factors,so we must adhere to the principle of "specific analysis of specific problems" to evaluate the reward behavior differently,Only in this way can we provide reference for judicial practice in dealing with relevant cases and disputes,and better adapt to the law of market development and the practice of rule of law construction.Secondly,after defining the nature of the act,the process of reward can be compared according to the general elements of the contract validity judgment,such as the expression of will,the effect of the subject’s act and so on,and the influence of these elements on the contract validity under the reward scene can be analyzed one by one,so as to solve the legal problems such as the effect of the subsequent reward contract and the responsibility bearing;Finally,as reward belongs to social behavior,it is far from enough to achieve the regulatory purpose only by clarifying the nature of the behavior and the effectiveness of the contract.Administrative and judicial means are also needed to work together to set legal responsibility for the behavior and give unified management objectives to the supervision,so as to promote the healthy development of the network live broadcasting industry.