Research On The Legal Relationship Between Network Anchor And MCN Organization

With the rapid development of Internet economy,webcasting,as a new thing,has appeared in the public’s field of vision.Relying on the vigorous development of a good environment,it has rapidly expanded to other fields,from simple entertainment to a series of functions such as propaganda means,shopping platforms and social communication.E-sports,e-commerce and even news have also joined the live broadcast industry,and the whole Internet has entered the era of "everything can be broadcast live".At the same time,in the post-epidemic era,webcasting has also provided new employment opportunities,and network anchor has become a new profession active in the public eye.However,with the rapid development of the number of network anchors,legal disputes between some contracted anchors and MCN institutions also occur from time to time,and the focus of solving their disputes is to clarify the legal relationship between the two parties,and it is more clear to explore other issues on this basis.Based on this,this paper analyzes the legal basis of mainstream views,compares the advantages and disadvantages of different views,explores the standard of legal relationship between contracted anchors and contracting agencies,and gives reasonable suggestions,in order to protect the corresponding rights and promote the development of the industry.This paper is divided into six parts:The first part is the introduction,which mainly introduces the research background,research purpose and significance,research methods,literature review,etc.,and expounds the overall situation of the article and the existing research situation.The second part is the confusion of the identification of legal relationship.By introducing typical cases and retrieval cases,it puts forward the core problem of this article,that is,the identification of legal relationship between network anchors and MCN institutions needs to be improved urgently,and through reading and sorting out the literature,it analyzes and describes the views at home and abroad on this issue,and launches the problem research.The third part is a comparative analysis of the identification of legal relationship,which expounds the basis of the identification of mainstream views and the rights and obligations of both parties in the legal relationship,and clarifies the basis of the identification of current legal relationship.This paper summarizes and analyzes the defects caused by the identification of the current mainstream views,and then expounds that the current system can not well define the legal relationship between network anchors and MCN institutions,and puts forward the necessity of a new relationship.The fourth part is the experience of overseas advanced systems and its reference.According to the overseas systems,it summarizes the practices of the common law system and the civil law system in identifying the identity of such new employees as network anchors,so as to point out the direction for proposing new relationships and accumulate advanced experience.The fifth part sets up an idea for atypical labor relations.According to the actual situation that the existing legal relations can’t be well defined,it discusses the theoretical and practical basis of establishing atypical labor relations from the aspects of substantive fairness,industry development and practical problem solving,which shows that it is feasible to put forward a new type of labor relations.And put forward some suggestions,such as adding intermediate subjects and adding identification elements,in order to better protect the legitimate rights and interests of network anchors and promote the high-quality development of the industry.The sixth part is the conclusion part,which expounds the research conclusion of this paper,that is,it is necessary and feasible to identify atypical labor relations between network anchors and MCN institutions,and puts forward ideas and schemes.