赃款打赏的钱，主播要不要退？业界释疑直播打赏法律争议

Group 1 - The core issue revolves around the legal nature of tipping in live streaming, whether it is considered a gift or a consumption behavior [2][4] - The majority of courts currently support the view that tipping is a consumption behavior, establishing a service contract relationship between users and platforms, as well as between users and streamers [2][3] - There are differing opinions on whether the amount of the tip affects its legal nature, with some experts suggesting that high amounts should be analyzed for reasonable and unreasonable portions [3] Group 2 - The discussion on whether platforms and streamers should be liable for the recovery of illicit funds hinges on the classification of tipping as either a gift or a consumption behavior [4][6] - The principle of "good faith acquisition" is emphasized, suggesting that platforms and streamers should not be penalized for receiving tips if they were unaware of the funds' illicit nature [4][5] - In cases where one spouse uses joint property for tipping without consent, the legal rights of the other spouse must be balanced against the rights of the platform and streamer [5][6] Group 3 - The amounts involved in illicit tipping cases can be substantial, with reported maximum amounts reaching 23 million yuan and median amounts at 277,000 yuan, which can significantly impact the cash flow and operations of platforms and streamers [8] - Platforms express concerns about their rights to participate in legal proceedings, often being named as obligors without having a say in the litigation process [8][9] - There is a call for systemic reform in the handling of seized assets in criminal cases to ensure the rights of third parties, such as platforms, are protected [9]