新业态下网络主播法律地位认定及权益保障的制度回应

Institutional Responses to Streamers’Legal Status Determination And Legal Protection in the Platform Economy

随着数字时代的到来,互联网平台逐渐成为人们创造劳动价值、推动经济创新发展的重要工具,法律规定的滞后性导致互联网从业人员权利义务边界处于模糊状态。网络直播作为近年发展迅速的互联网平台灵活用工方式之一,其从业人员的权益保障问题已引发诸多关注与讨论。全面深入认识网络直播用工特点及其从业人员权益保障现状,分析现行法律框架下网络主播的法律地位认定与权益保障面临的尴尬境地,判断网络直播用工过程中从属性强弱并将其作为网络主播法律地位认定的依据和前提,根据倾斜保护原则和利益平衡理念规范网络主播群体最为需要的权益保障类别,最终实现用工双方之间的实质平等,对于保障此类灵活就业群体的劳动权益显得尤为重要。网络直播用工方式的特殊性决定了其从业者群体工作内容和工作要求有别于他种新业态用工方式,为更好地保护网络直播行业从业人员合法权益,同时保持劳动法律体系的稳定性,我国可尝试将其作为特定群体给予单独保护,特别重视工伤保险制度、休息制度和竞业限制违约责任制度的完善与调整,促进网络直播行业健康稳定发展。

With the arrival of digital era,the platform economy has created numerous new positions for people,which greatly facilitates economic growth in a completely new way.However,rules and regulations always lag behind the changing world and this consequently blurs the boundary of legal protection for all platform workers.Live streaming is one of the most rapidly-growing platform employments in recent years and how to protect its workers better has provoked much attention and discussion.The following are the fundamental aspects to tackle with this problem:have a comprehensive and thorough understanding of the characteristics of live streaming employment and the current condition of legal protection for workers in this growing sector,find out the main difficulties when we determine streamers’legal status and their legal rights,compare live streaming employment with standard employment relationship,analyze the exact higher or lower degree that streamers are subordinate to their employers more than just discerning whether there is any subordination in the relationship or not,which is the basis of streamers’legal status determination;introduce laws to protect the most needed legal rights and interests for streamers according to inclined protection principle and the concept of balance of interests,and finally realize a real balance between both sides.Live streaming employment has quite different characteristics from other platform industries and thus streamers need to meet different job requirements from other workers of the platform economy.In order to achieve better legal protection and keep a stable system of labor law,we can regard streamers as a particular group to protect their legal rights and interests exclusively.In addition,we should refine work-related injury insurance regulations,rest period policy and responsibility arrangements of breaching covenants not to compete especially.Eventually,we will help facilitate live streaming industry towards healthy and sustainable development.