| The exclusive and exclusive agreement under the new relationship between the live broadcast platform and the network anchor refers to the fact that the live broadcast platform usually signs a cooperation agreement with the network anchor with obvious exclusivity and exclusivity in order to prevent its contracted network anchor from jumping to other live broadcast platforms,which will reduce the benefits of the enterprise’s traffic resources.The content is generally to prohibit the network anchor from performing live broadcast activities on the competitive live broadcast platform within the validity period of the contract and within a certain period after the end of the contract.In terms of the need to continue to perform the agreement after the end of the legal relationship,these exclusive agreements are highly similar to the non-compete agreements in labor relations.However,it is worth noting that the legal relationship between the live broadcast platform and the network anchor is usually recognized as a cooperative relationship between equal civil subjects,rather than a labor relationship.In judicial practice,many courts,while denying the labor relationship between the network anchor and the live broadcast platform,have recognized the effectiveness of the exclusive agreement agreed by both parties.Therefore,a systematic study of the exclusive agreement is of far-reaching significance for exploring the legal relationship between the both parties,ensuring the balance of the rights and obligations of all parties,and maintaining the development and competition order of the Internet live broadcast market.The conflict between the management rights of the Internet broadcast enterprises and the freedom of choosing jobs and personal rights of the network anchors is the core and key of the exclusive exclusive agreement research.In this context,this thesis discusses the regulation of the exclusive agreement between the network anchor and the live broadcast platform without defining the labor relationship.By studying the basic overview of the exclusive agreement,analyzing the judicial status of the exclusive agreement dispute between the network anchor and the live broadcast platform,and exploring the legitimacy and rationality of the exclusive agreement between the network anchor and the live broadcast platform.And from the perspective of balance protection,explore the necessity of reasonable restriction of exclusive agreement,and imagine the path of reasonable restriction of exclusive agreement. |
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