Legal Relationships and Restitution for Invalid Livestream Tipping

Spousal Disposition of Marital Community Property in a Platform-Based Transaction Structure

Authors

  • Bingcheng Li

DOI:

https://doi.org/10.54691/5bm2r516

Keywords:

Livestream tipping; marital community property; legal relationship; restitution; livestream platform; public order and good morals.

Abstract

Livestream tipping involving marital community property is a layered platform transaction rather than a single legal relationship. This article reconstructs the relationships among users, streamers, platforms and intermediary agencies, and distinguishes internal matrimonial property effects from external transaction validity. It argues that invalidity should be established on a specific legal basis, while restitution should be allocated according to the actual benefits retained by each participant and the degree of that participant’s knowledge and participation. On this basis, the article proposes a layered restitution model that protects the property interests of the non-tipping spouse without automatically imposing primary restitution liability on the livestream platform.

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References

[1] Supreme People's Court. (2025). Interpretation II of the Supreme People's Court on Several Issues Concerning the Application of the Civil Code of the People's Republic of China on Marriage and Family Matters.

[2] Wang, Y. (2025). The nature, validity and consequences of one spouse's livestream tipping: Centering on Article 6 of the Judicial Interpretation on Marriage and Family Matters II. China Law Review, (3), 32–43.

[3] Liu, H. (2023). On the legal nature of the relationship between livestream users and streamers. Political Science and Law, (1), 124–142.

[4] Zhu, X. (2024). On the nature of the legal relationship between audiences and streamers on livestreaming platforms. Journal of Henan University of Economics and Law, 39(4), 57–67.

[5] Fan, M., & Yang, Y. (2024). On the nature and legal regulation of livestream tipping. Seeker, 51(5), 131–142.

[6] He, W. (n.d.). Research on legal issues concerning one spouse's online livestream tipping [Unpublished master’s thesis].

[7] Shi, R. (n.d.). Research on the restitution of one spouse's livestream tipping [Unpublished master’s thesis]. Hebei University of Economics and Business.

[8] Zhang, Y. (n.d.). Research on the restitution of livestream tipping by one spouse [Unpublished master’s thesis]. Hebei University of Economics and Business.

[9] Feng, Y. (2026). A distinctive interpretive approach to one spouse's livestream tipping with marital community property. Law and Economics, (1), 50–67.

[10] Liu, H., & Li, Z. (2024). On the remedies for livestream tipping under the marital community property regime. Journal of Tianjin University (Social Sciences), 26(3), 193–203.

[11] Wang, H. (2025). On the system and application of property restitution after invalid contracts. Jurists Review, (3), 130–145, 195.

[12] Ye, M. (2022). Comment on Article 157 of the Civil Code: Legal consequences of invalid civil juristic acts. Jurists Review, (1), 172–190, 196.

[13] Wang, D. (2025). Study on one spouse's unauthorized disposition of marital community property in violation of the duty of fidelity: An analysis of Article 7 of the Judicial Interpretation on Marriage and Family Matters II. Journal of Law Application, (8), 134–146.

[14] Ye, M. (2025). Understanding the provision on gifts contrary to public order and good morals. Journal of Law Application, (5), 99–114.

[15] Sun, Y. (2023). Interaction, emotion and consumption: A sociological interpretation of livestream tipping. Journal of Yangtze Normal University, 39(6), 46–53.

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Published

21-10-2026

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Section

Articles