| In recent years,with the rapid development of information network,China’s online live broadcasting industry ushered in a boom in 2016.Major online live broadcasting platforms have successively opened the function of online live broadcasting and tipping,setting off the upsurge of online live broadcasting and tipping.In fact,in China,the behavior of reward has existed in ancient times,such as traditional storytelling,opera performance,"pen stick" and so on are dependent on reward business,so it can be seen that reward is not a new thing.However,with the continuous development and improvement of modern Internet technology and mobile payment technology,this not unfamiliar pattern of tipping gradually from offline to online platform.9158 Online live show,founded by Tito Interactive in 2005,was the first online live show platform in China with user rewards as its main profit model.However,it did not attract people’s attention at that time and did not appear until 2016,which is also known as the first year of Online live in China.At the present stage,the basic contradiction in China has changed.With the continuous enrichment of material life,people are increasingly pursuing spiritual enjoyment.As a kind of entertainment industry,network broadcast industry can largely meet the contemporary people’s desire for fast-food social and entertainment consumption.While the reward economy brings huge economic benefits,it also brings challenges to the current legal system of our country,and has begun to affect the normal life of some people.In practice,"a 20-year-old man embezzled public funds 8.9 million yuan to reward the female anchor","a 14-year-old boy rewarded 5game anchors 30,000 yuan","male anchor suspected live eating centipede and gecko died" and other shocking events occurred frequently.These events or cases mainly focusing on whether reward users or their guardians shall have the right to request refund has exceptional amount and produce controversy,different court judge point of each are not identical,this in addition to the case of specific differences related to the case facts,the more to live webcast on the legal nature of reward to there is a direct causal relationship has not been unified standards,And the legal nature of webcast rewards directly determines its specific application.On the basis of briefly describing the concept,characteristics and types of webcast rewards,and clarifying the legal relations between subjects involved in webcast rewards,this paper will deeply study the legal nature and specific legal application of webcast rewards.This article analyzes and discusses with the following structure:The first part is an overview of rewarding behavior in webcast.This chapter will analyze the concept,characteristics and types of webcasting rewards.Among them,the characteristics of webcasting rewards are mainly summarized from its development process and comparison with traditional rewards.The second part is the legal relationship between the webcast and reward subjects.This chapter will analyze the legal relationship between the live broadcast platform and the user,the user and the host,and the live platform and the host.It will briefly sort out the basic process of the webcast reward behavior,and provide rewards for the webcast for the third and fourth parts of this article.Lay the foundation for in-depth research on the legal nature and application of the law.The third part is the legal nature of the webcast reward contract.This chapter will first enumerate the five main theories about the legal nature of webcast reward contracts,analyze and evaluate them respectively,then sort out typical cases that occurred in practice,summarize the opinions of the judges,and finally propose the author’s determination based on the foregoing analysis Webcast rewards views on the nature of the contract.The fourth part is the legal application of Internet direct reward contract.This chapter continues the third chapter,on the basis of defining the nature of the award contract,summarizes the applicable rules of this kind of contract according to the civil law of Our country,at the same time,summarizes the focus issues emerging around the award in practice,and finally puts forward suggestions for solving these problems one by one.Finally,at the end of this paper,the conclusion part,self-evaluation of the innovation and shortcomings of this paper. |
