Research on Validity of the Contract Involving Live-streaming Tips from Jointly-owned Spousal Property

From the perspective of the process, live-streaming tipping includes recharging behavior, purchasing gift behavior, and tipping gift behavior. In the recharging behavior and purchasing gift behavior, the user and the platform form a network service contract. In the tipping gift behavior, the user simultaneously forms a network service contract with the live-streamer and the platform. The network service contract between the user and the platform and the network service contract between the user and the live-streamer are independent. The network service contract between the user and the live-streamer is invalid due to violation of public order and does not affect the validity of the network service contract between the user and the platform. When the network service contract between the user and the live-streamer is invalid due to violation of public order, the live-streamer should return the tipped property to the user, and the platform does not need to return it. When the network service contract between the user and the live-streamer is valid, whether the ownership of the tipped property is transferred should be judged based on whether it "exceeds the general consumption level of a family": if it does not exceed this standard, it is a valid transfer, and the live-streamer can obtain the ownership of the tipped property; if it exceeds this standard, the live-streamer can only obtain the ownership of the tipped property through the good faith acquisition system when they are in good faith and have paid a reasonable price for the live-streaming performance. Regarding the subject matter of the live-streamer's return, the live-streamer cannot use the virtual gifts tipped by the user as the subject matter of the return, but can use virtual currency or cash. Regarding the amount of the live-streamer's return, in principle, it should be returned in full, but the court may also deduct the reasonable price of the live-streamer's normal live-streaming service or consider that the user's spouse is at fault for the expansion of the loss and rule for a discretionary return.