Research On The Nature And Effectiveness Of Legal Act Of Rewarding On Webcast

Born against the background of rapid development of communication technology and Internet economy,webcast have developed a considerable user base in recent years,including a large number of minors.Webcast reward has the characteristics of interactivity,virtual,voluntary,immediacy and plurality of subjects.It is these characteristics different from the previous entertainment mode that attract users to participate in webcast reward,thus giving birth to "reward economy" and full-time anchors.However,at the same time,due to the particularity of civil acts in cyberspace and the imperfect supervision of the webcast industry,there are some problems such as improper amount of reward,uncertain nature of reward and reward given by minors.Based on the special civil status of minors and the validity determination of contracts under the background of the Internet,the nature and consequences of live-streaming of rewards by minors have aroused extensive discussions and controversies in the academic and practical circles.At present,the protection of minors in cyberspace by Chinese law is mainly reflected in the framework and principle content such as the prevention of minors’ indulging in the Internet in the "Law on the Protection of Minors" and "Administrative Regulations on Internet Live Broadcasting Services",but does not involve minors.People’s online consumption behavior.At the same time,there are also problems in civil litigation concerning minors’ webcast rewards.It is difficult to produce evidence and determine liability.How to protect the interests of minors in the Internet era,regulate their irrational consumption behavior,maintain the convenience and safety of online transactions,and promote the sound development of the webcast industry is not only a serious social problem,but also a challenge to legislation.In this context,this paper intends to conduct a study on the legal issues in the process of webcast rewards for minors.There are four chapters in this paper:The first chapter will focus on the discussion of webcast reward,analyze the classification of webcast and online reward,determine the connotation and characteristics of webcast reward,then explore the nature of webcast reward behavior,which lays a foundation for the analysis of legal issues of webcast reward for minors.The second chapter makes a legal analysis of the reward behavior of minors in webcast.This part analyzes the effectiveness of the reward behavior of minors in webcast from the perspective of the civil capacity of minors and the effectiveness of the conclusion of electronic contracts.On the basis of determining the legal effect of the webcast reward behavior of minors,the third chapter analyzes the legal consequences of the webcast reward behavior of minors,focusing on the corresponding legal consequences under the three validity states of the contract,namely,validity,invalidity and cancellation.The fourth chapter puts forward the legal recommendations from two levels of legislation and judicature.