1、 Legal relationships in online live streaming tipping

The legal relationships involved in online live streaming tipping are complex, including the legal relationships between the platform and the host, the platform and the tipping person, and the tipping person and the host. The relationship between the platform and the anchor, although there is a view of intermediary contract relationship, tends to be more inclined towards labor contract relationship, because the anchor creates income for the platform through live streaming, while the platform provides resources and environment. The relationship between the platform and the tipping party is a buying and selling contract, where the tipping party purchases virtual tokens with real currency and the platform provides virtual gifts. There is a dispute over the legal relationship between the tipping party and the anchor, with three perspectives: service contract theory, gift contract theory, and differentiation theory. The service contract states that tipping is a purchase of the anchor's services, but the live content does not exclusively belong to the tipping person, and tipping behavior is not restricted by the viewing content, making it difficult to constitute a service contract. The gift contract theory holds that the act of gifting conforms to the characteristics of a gift contract, where the donor gives it for free and the host broadcasts it for free. The act of gifting constitutes a gift. The differentiation theory distinguishes between gift and service contracts based on the motivation for gifting, but the subjectivity of motivation is strong and difficult to apply in practice. Taking into account the gratuitous nature of online live streaming, the relationship between the giver and the anchor, and the reasonableness of the contract consideration, the act of tipping is closer to a gift behavior and constitutes a gift contract relationship rather than a service contract relationship.

2、 The contractual effect of minors' online live streaming tipping behavior

As a form of Internet transactions, online live rewards are easily affected by minors, resulting in huge rewards. The Civil Code stipulates that the effectiveness of civil legal acts of minors is limited, and the effectiveness of tipping is influenced by factors such as age, tipping amount, consent and recognition of legal representatives. When the act of gifting to minors is appropriate to their intellectual level, the act of gifting is effective; The act of tipping is invalid if it is not compatible and has not been approved or ratified by the legal representative. In online live streaming tipping, account information may not match the actual user information, which can cause difficulties in judicial practice. When determining whether the age of minors matches the amount of rewards, the average consumption level of the same age group should be taken into account, taking into account factors such as the economic development level of the place of residence, family economic status, consumption concepts, and habits. The effectiveness of gift contracts formed by underage tipping behavior can be divided into three situations: valid, invalid, and undetermined effectiveness. The consent and ratification of the legal representative have a significant impact on the effectiveness of the contract.

3、 Relief Measures for Minors' Online Live Streaming Rewards

The remedies for underage online live streaming tipping include property return, contractual liability for breach of contract, and compensation for infringement damages. After the gift contract becomes invalid, the anchor and the platform shall jointly assume the obligation of returning the property. The anchor shall return the actual income, and the platform shall bear supplementary responsibilities. If the anchor fails to fulfill their duty of care, they shall bear the responsibility for breach of contract. If the legal representative of a minor fails to fulfill their duty of custody and supervision, they should also bear the responsibility for compensation for losses. If the platform fails to fulfill its obligations of notification and supervision, it may constitute infringement and be liable for compensation for infringement damages.

4、 Suggestions on the protection of minors in online live streaming tipping

Minors are vulnerable to harm in online live streaming tipping and require strengthened protection. Suggestions include: 1) strengthening the supervision of online live streaming platforms, adopting various technological means to improve the accuracy of user identity authentication, setting consumption mode restrictions, and improving the supervision mechanism for broadcasters; 2) Strengthen the guidance and management of minors, parents should educate and guide their children, pay attention to their behavior, prevent improper consumption, and reduce the responsibility of platforms and broadcasters for parents who fail to fulfill their obligations; 3) Establish a reward retraction mechanism, draw inspiration from the "7-day no reason return" system, and grant the right to revoke high rewards given to minors. The platform will record and notify actual consumers to protect the rights and interests of minors while avoiding losses for the platform and broadcasters.

5、 Conclusion

Online live streaming tipping poses a challenge to the mental maturity and self-control of minors. Parents and platforms need to strengthen educational guidance and identity authentication, establish a tipping and withdrawal mechanism, and jointly create a safe and healthy online consumption environment.