网络直播打赏行为的法律性质界定

The Legal Nature Definition of Tipping Behavior in Online Live Streaming

摘要: 当前网络直播行业蓬勃发展，直播打赏已成为平台与主播的主要营收模式，但其法律性质的界定始终是理论界与实务界的争议焦点，相关纠纷的裁判结果常因定性分歧而呈现同案不同判。现有学说多陷入单一属性认知误区，均难以覆盖打赏行为的复杂性。本文以打赏目的为核心构建类型化界定体系，常规消费型打赏应认定为网络服务合同，主播提供的服务与用户打赏构成对待给付，特殊目的型打赏应定性为赠与合同，用户无对价期待。同时，针对未成年人打赏、赃款打赏、附条件打赏等特殊场景，需结合主体适格性、款项合法性、义务约定等细化定性规则，明确各方权利义务与责任边界。

Abstract: With the rapid development of the current online live-streaming industry, tipping in live streams has become the core revenue model for platforms and streamers. However, the legal nature of such tipping has always been a focal point of debate between academia and practice, and the rulings on related disputes often vary for the same case due to differences in legal characterization. Existing theories often fall into the misconception of single-attribute recognition and fail to fully capture the complexity of tipping behavior. This article constructs a typified classification system centered on the purpose of tipping. Regular consumer-oriented tipping should be recognized as an online service contract, where the services provided by the streamer and the users’ tips constitute reciprocal consideration. Tipping for special purposes should be characterized as a gift contract, where the user has no expectation of consideration. Meanwhile, for special scenarios such as underage tipping, tipping with illicit funds, and conditional tipping, it is necessary to refine the rules of characterization by considering aspects such as the eligibility of the parties, the legality of the funds, and the stipulated obligations, in order to clarify the rights, obligations, and boundaries of liability for all parties involved.