The Legal Nature Of Webcast Rewards And The Perfection Of Its Dispute Adjudication Mode

In recent years,China’s online live broadcasting industry has developed rapidly,accompanied by frequent online live broadcasting award disputes.As a new thing,the definition of the legal nature of webcast tipping is not clear,and the existing two mainstream views have some defects.At the same time,based on the ambiguous legal nature of the formation of the traditional award dispute adjudication model is ineffective.The combination of the two leads to a dilemma in the adjudication of online live award disputes,which cannot form a fair judgment efficiently and damages judicial justice,judicial authority and judicial efficiency.In order to improve the fairness,acceptability and efficiency of the adjudication of online live broadcast rewards disputes and balance the interests of users,anchors and live broadcast platforms,it is necessary to clarify the source and accurately define the legal nature of online live broadcast rewards.It is necessary to comprehensively analyze the legal relationship among users,anchors and live broadcast platforms in the process of reward,and make it clear that online reward consists of two highly correlated behaviors,namely,top up and reward.On this basis,the virtual currency and virtual gift as the object of the reward are abstracted as a proof of creditor’s right,and the change of the right caused by its circulation among the subjects is identified as the paid transfer of defective creditor’s right.Therefore,this paper proposes an anonymous contract "reward contract" to redefine the legal nature of webcast reward,which makes up for the deficiencies of the two existing mainstream viewpoints and covers all legal relations in the process of reward in a relatively complete way.The legal nature of online live broadcast reward has been redefined.The traditional judgment mode of reward return dispute can no longer fit with it.Forcible application will only complicate the case and increase the difficulty of judgment;Coupled with the failure of the traditional judgment mode of reward return disputes,the redefinition of the legal nature of reward undoubtedly provides an opportunity and program for its improvement.Based on the "reward contract",we must improve the dispute adjudication mode according to the characteristics of reward return disputes,and put forward that when trying the webcast reward return disputes,the referee should use substantive reasoning to judge the case,apply the inversion of the burden of proof,balance the litigation ability of both parties,optimize the adjudication path,balance the interests of multiple parties,and issue guiding cases to guide the trial of new difficult disputes.Online live broadcast reward disputes are the sword of Damocles hanging over the interests of users,live broadcast economy,judicial justice and social harmony and stability.Only on the basis of a correct understanding of the legal nature of reward and taking it as a program,can we ensure the healthy development of live broadcast economy,the richness of people’s spiritual life and the fairness and justice of justice.