网络直播平台恶意挖角行为的法律分析

A Legal Analysis on the Malicious Poaching Behavior of Network Live Platforms

我国当前网络直播平台恶意挖角行为乱象频生,在"朱浩案"之后关于该行为是否需要受到《反不正当竞争法》的规制众说纷纭。然而,适用《反不正当竞争法》并不具备可行性和必要性。相反,适用《合同法》更具有合理性,但是其对规制恶意挖角行为的发生效果甚微。因此,从根本上缓解恶意挖角行为不能仅依靠法律的规制作用,还需要网络直播平台和主播的配合。

Nowadays network live platforms frequently poaches anchors from other platforms in China.There are various opinions on whether the acts should be regulated by the Law of the People's Republic of China Against Unfair Competition or not after the case of Zhu Hao.However,the application of the Against Unfair Competition Law doesn’t have feasibility and necessity.On the contrary,it is more reasonable to apply the Contract Law of the People’s Republic of China,which nevertheless has little effect on the regulations of these poaching behaviors.Therefore,fundamentally relieving these malicious poaching behaviors should not only rely on the rules and regulations but also requires the cooperation of the network live platforms as well as the anchors.