论网络直播打赏中激情打赏行为的法律效力

——基于意思表示理论的分析

中图分类号：D923；D922.294

文献标识码:A

文章编号:2095-6916(2026)10-0113-04

The Legal Effectiveness of Impulsive Reward-Giving in Online Live Streaming

—An Analysis Based on the Theory of Declaration of Intent

Wang Mingyi

(Heilongjiang University, Harbin )

Abstract: Impulsive reward-giving refers to an irrational consumption behavior in which a viewer, driven by emotional impulse, makes high-frequency and high-amount rewards within a short period of time. In practice, such behavior is often deemed as voluntary and thus not subject to refund, yet there is a lack of normative legal remedies at the legislative level. Based on an analysis grounded in the theory of manifestation of intent, this paper argues that reward-giving behavior constitutes a valid legal act, as it possesses an act of will, awareness of declaration, and effect intention, rather than being a mere non-legal relationship or factual act. Although the declaration of intent takes effect, algorithmic manipulation by the platform exacerbates the risk of inducement, and thus the reward giver cannot be held fully accountable. In order to balance transaction security and party autonomy, a cooling-off period system for streaming rewards should be introduced as a remedial measure.

Keywords: impulsive reward-giving; theory of declaration of intent; cooling-off period system for streaming rewards

直播已经成为各个互联网媒体平台、主播获得流量、利润的重要途径之一，也是当前网民的主要娱乐渠道。（剩余6381字）