| The era promotes development,and the social employment form presents the characteristics of times and diversity in the continuous evolution.Live platform employment is a new employment mode.According to the practice observation,the network host of the live broadcast industry shows stronger autonomy and weaker dependence than the traditional employment mode.However,due to the lack of clear legal regulation,the rise of employment on various Internet platforms and the fierce interest competition among them lead to a lot of live broadcast chaos,and also bring many employment disputes and dispute cases.The core issue is the employment nature of the live broadcast platform,that is,the legal relationship between the live broadcast platform and the network anchor should be identified as labor relationship,labor relationship or cooperative relationship.Academic circles also have different views and have launched a heated discussion on this.The research on the employment legal relationship between live broadcast platform and network anchor mainly focuses on the platform anchor with many disputes in practice.Through a brief introduction of the related concepts and types of live broadcast platform and network anchor,the research object is introduced,and then based on the practical research,by retrieving the employment dispute cases in the live broadcast industry,the current situation of the identification of the employment legal relationship between live broadcast platform and network anchor is analyzed,and the existing differences and different theoretical views on the employment legal relationship are summed up-contract relationship and labor relationship.Finally,based on the analysis of the causes of the differences in the identification of such employment legal relationship and the experience of foreign flexible employment,the paper puts forward some feasible suggestions from the aspects of legislation and judicature,such as refining the standards of labor relations identification,expanding the scope of protection of the main body of labor law,coordinating the application of law by the judicial organs,and adhering to the principle of Balancing Fairness and efficiency.In order to provide a new solution to the legal relationship between live broadcast platform and network host in China’s judicial practice. |
