[ad_1]
Original Title: Supreme Law: Minors Participate in Live Streaming Rewards, Court Must Support Guardian’s Request for Refund
Our newspaper, Beijing, March 2 (China Youth Daily and China Youth Daily reporter Wang Yijun) After dropping out of high school in 2002, Liu used his parents’ nearly 1.6 million yuan to reward the host of the news platform. live broadcast, and then sued the court for the return. This is one of the typical cases of judicial protection of minors announced today by the Supreme Law.
From October 23, 2018 to January 5, 2019, Liu used the bank card that his parents used for the business capital transfer to transfer funds to a technology company account to reward the presenters of the trading platform. live broadcast, and the reward amount was nearly 1.6 million yuan. After Liu’s parents found out, they expected a certain tech company to reimburse all the rewards, but the company refused. Later, Liu went to court to ask a technology company to return the money mentioned.
During the trial of the case, the court organized mediation for both parties on many occasions. After patient and careful argumentation, the parties reached an out-of-court settlement. Liu filed for withdrawal of the lawsuit, and a technology company voluntarily returned nearly 1.6 million yuan in rewards and it has been honored.
Zheng Xuelin, President of the Supreme Court of Justice and Deputy Director of the Juvenile Court Labor Office, said that with the widespread use of smartphones and mobile payment methods, disputes caused by the live rewards of minors and the Consumption of virtual recharges are not uncommon. In particular, how to determine the validity of rewards contracts and purchases made by minors using adult family accounts has sparked heated discussions in the community. This case is a typical case of minors participating in the live broadcast of rewards. Most of the disputes involving prizes and online games in judicial practice are those with restricted capacity, that is, minors over 8 years of age. When these people play online games or give rewards, some of them amount to thousands of yuan or tens of thousands of yuan, which is obviously not suitable for their age and intellectual level. Without being ratified by a legal agent, your behavior must be legally required. Not valid.
The “Guiding Opinions of the Supreme People’s Court on Various Issues Concerning the Adequate Trial of Civil Cases Related to the New Coronary Pneumonia Epidemic (2)” provide clearer rules and guidelines for the participation of minors in paid online games and rewarding disputes in line. The opinion is clear that if a person with limited civil capacity participates in paid online games or “rewarding” on live streaming platforms without the consent of his guardian, he spends money that is not appropriate for his age or intelligence, and the guardian requests the network service provider to return the money, the people’s court must support it. The regulations give more consideration to the protection of the rights and legitimate interests of minors, and at the same time orient network companies to further strengthen their social responsibilities and create a good network environment for the healthy growth of minors .
Zhou Jiahai, deputy director of the Supreme Office of Legal Investigation, said that the recently revised Child Protection Law has added a special chapter “Internet Protection” to prevent minors from surrendering to the Internet, protect personal information and privacy of minors, and reinforcing responsibility for online products and services Provisions have been made on issues of social concern, such as strengthening network management. The People’s Court will seriously implement the Law for the Protection of Minors and further strengthen the protection of minors online.
The people’s courts will continue to implement the special and priority protection of the laws and policies of minors, and will severely punish all types of crimes such as using the Internet to commit obscenities to minors, organizing forced prostitution, producing and disseminating obscene materials, inducing drug abuse. . and traffic, fraud, etc., and punish infractions in accordance with the law. Illegal acts of online privacy of minors and fair trial of disputes arising from the participation of minors in online games and online rewards in accordance with the law, and comprehensively strengthened the protection of the online protection of minors.
Massive information, accurate interpretation, all in the Sina Finance APP
Editor in Charge: Zhang Yanan
