网络主播劳动法律关系的认定研究

초록

With the rapid development of the online streaming industry, numerous platforms, streamers, studios, and related professionals have emerged. The growth of streaming operations has led to new challenges, particularly in the identification of employment relationships, which has become a significant point of contention. In traditional employment models, establishment of an employment relationship is typically based on three core criteria: the legal qualifications of the employer and employee, the employee's personal and economic dependence on the employer and the relevance of the work to the business operations of the company. However, the employment model in the online streaming industry has surpassed the traditional employment relationship's strict of working hours and workplaces, showcasing a more flexible, interactive, and dynamic feature. In this context, the traditional standards for identifying employment relationships are no longer suitable the employment needs of the emerging online streaming industry. Whether or not an employment relationship is recognized can also affect the protection of various rights of the parties involved in the, especially the streamers, and the resolution of disputes. This article delves into the development background, current situation, and characteristics of online streaming employment relationships It analyzes the current legislative and judicial status of online streaming employment relationships, revealing the difficulties in identifying employment relationships, particularly in the weakening of labor subordination, the applicability of traditional employment relationship theories, the complexity of streaming platform contract nature, and the rigidity of judicial thinking. By analyzing these issues, the article suggestions for policymakers and relevant judicial authorities, hoping to offer beneficial advice for solving the identification of employment relationships in the online streaming industry.

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