Research On Legal Issues Of Minors’ Live Broadcast Reward Behavior ——From The Perspective Of The Focus Of Referee

Against the background of the COVID-19 epidemic,the Internet has become an important tool for contemporary minors to study and live.With the increasing number of minors who have access to the Internet,there are endless disputes about Minors’ live reward behavior.By combing the 23 cases related to the disputes over the live broadcast reward behavior of minors published on the judgment document website,it is found that there is a phenomenon of "different judgments in the same case" in China’s judicial practice.At the same time,there are three judgment focuses in solving such disputes: the legal nature of minors’ live broadcast reward behavior,the identification of minors’ live broadcast reward behavior subject,and the responsibility of minors’ live broadcast reward behavior subject.First of all,in view of the nature of minors’ live broadcast reward behavior,through the comparison with adults’ live broadcast reward behavior and traditional minors’ civil legal behavior,the particularity of minors’ live broadcast reward behavior is obtained.At the same time,in order to affirm the legitimacy of minors’ spiritual pursuit and encourage them to actively participate in social life,their live broadcast reward behavior is recognized as a service contract.Secondly,it analyzes the subject identification of minors’ live reward behavior,which consists of two parts: subject identification and subject behavior identification.In the part of behavior subject identification,it is mainly aimed at the problem that it is difficult to identify minors as actual reward givers in judicial practice,and several practical standards are obtained through discussion: 1 The parties’ statements;2.collection of data related to the live broadcast reward account;3.behavior analysis of live broadcast reward users;4.the place where the live broadcast reward takes place.In the part of the identification of the subject’s capacity for conduct,it focuses on the current legal provisions,and discusses several factors that affect the effectiveness of conduct.1 Age of civil liability;2.mental health status;3.regional consumption level difference;4.differences in household consumption levels;5.recognition of reward amount for live broadcast.Thirdly,it analyzes the effectiveness of minors’ live broadcast reward behavior and the responsibility of each subject.The effectiveness of the reward behavior of minors’ live broadcast is divided into four parts: effective,undetermined,revocable and invalid.As for the part of civil legal liability bearing of the subject of live broadcast reward of minors,starting from the claim right basis of liability bearing,the connotation and basis of each subject’s liability bearing are analyzed one by one,and it is determined that the minor party bears the liability for compensation for contracting fault and the liability for compensation for the loss of expected interests of the live broadcast platform and the anchor,and the live broadcast platform and the anchor party bear the liability for compensation for contracting fault and the return of unjust enrichment.Finally,according to the judgment focus found in the combed cases,targeted solutions were put forward,such as clarifying the legal nature of minors’ live broadcast reward behavior,formulating the standards for the subject responsible for minors’ live broadcast reward behavior,improving minors’ network protection mechanism,introducing punitive compensation system,etc.,urging the subject to perform its own guardianship obligations,and strengthening minors’ network protection,Create a clean and prosperous growth environment for minors.