The humble boy rewards the anchor for emptying his family
It is difficult for minors to consume online games to protect their rights
During the new crown pneumonia epidemic, underage online game consumption problems increased.
The Supreme People's Court issued the "Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic".
This opinion provides a legal basis for protecting minors’ online rewards and refunds.
After that, what happened to the rights protection of minors?
Does the parent have to return the money that the child rewards?
---------------
Huang Jin (pseudonym) from Ningming County, Guangxi is 16 years old.
In June of this year, in less than a month, he gave a total of 69295 yuan to the anchor of Kuwo Music through WeChat and Alipay.
His family is a poor household, his parents are both illiterate, and his family savings are only 70,000 yuan.
During the new crown pneumonia epidemic, underage online game consumption problems increased.
In the first quarter of 2020, in Jiangsu Province alone, the Consumer Insurance Commission received 425 online game complaints from minors, an increase of 460% over the same period last year.
In May of this year, the Supreme People's Court issued the "Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic" (hereinafter referred to as the "Opinions").
This opinion provides a clear legal basis for protecting minors' online rewards and refunds.
After that, what happened to the rights protection of minors?
Can I get back the money I spent on rewards?
The 70,000 secretly rewarded are the savings of half a lifetime of working.
"The platform account was registered by a child with QQ. Recently I withdrew money and suddenly found that the balance of my bank card had decreased. I asked the boss to help check the consumption records before I realized that it was my son who had spent money on the anchor and playing online games." Huang Jin’s father learned that his son had spent more than 60,000 yuan to reward the anchor, but he did not eat for several days.
His wife had fallen from a tree, broke her waist, and was disabled for life.
The family only earns two to three thousand yuan a month, which is very little after daily expenses.
Huang Yungao inquired about the transfer data in May and June and found that the child had secretly topped up nearly 70,000 yuan to the anchor on the Kuwo Music Juxing live broadcast platform, and the grade was displayed as "Duke".
And this level, according to the rules of the platform, needs to spend 50,000 yuan to buy 5 million platform "gold coins" to get it.
Under the account of the anchor "Guangdong Miao Miao Qiu Poverty Alleviation", he paid 35,000 yuan, and once ranked first.
"There is no real-name authentication during the recharge and consumption process, and the (online)'youth mode' is useless." Huang Yungao complained.
Coincidentally, Ms. Liu from Shijiazhuang, Hebei, previously complained that her 12-year-old son used her mobile phone to watch Douyin live broadcasts and rewarded 5 Douyin anchors with more than 50,000 yuan in 4 days, and also recharged 1.5 in 3 games. Ten thousand yuan.
"It adds up to more than 60,000 yuan. This money is our family's hard-earned money for a year." Ms. Liu said.
Ms. Liu's 12-year-old son is on the first day of junior high this year. Affected by the epidemic, the school adopts online teaching and will attend online morning reading classes every 6:20.
For the convenience of children's online lessons, she gave her mobile phone to her children.
The recharge record of the Douyin live broadcast room provided by her shows that from February 21 to 24, her son rewarded the anchor with a number of 298 yuan, 518 yuan, and 1598 yuan, totaling nearly 50,000 yuan.
"I asked him why he rewarded this anchor with so much money. He said that the anchor kept shouting in the live broadcast room,'Stand withstand! There are still a few seconds! Hurry, hurry, swipe!" Ms. Liu said. "He might think that after losing a few passwords, the money was transferred, and he doesn't know how much he spent."
According to data released by the China Internet Network Information Center, as of March this year, the number of online live broadcast users has reached 560 million. In addition to previous concert live broadcasts and game live broadcasts, various learning, consumption, and pan-entertainment live broadcasts have become normal.
Most of the live broadcast software is equipped with a reward function, and users can buy virtual gifts on the platform and give them to their favorite anchors.
Certified payment "green light", recovery "red light" constantly
Jiangxi Ms. Zhang’s 10-year-old son recharged 3590 yuan in a small game.
Afterwards, Ms. Zhang hoped to get the money back.
"They said that minors can be refunded, but they have to upload information. But it has taken me more than a month to submit the information." Ms. Zhang's son recharged from April 6th to 10th. By May 18th, the game The company agreed to refund 70%.
On May 19, the "Opinions" issued by the Supreme People's Court provided clear explanations for disputes arising from online recharge and "rewarding" of minors.
It mentioned that “persons with restricted capacity (minors over 8 years of age) who participate in online paid games or online live broadcast platforms without the consent of their guardians spend money that is not suitable for their age and intelligence. Guardians request online services The people’s court shall support it if the person returns the money."
"Seeing that the Supreme Law stipulates that a full refund is possible, I filed a new appeal." Ms. Zhang was not satisfied with the 70% refund result, but the game company customer service told her that the refund that had been negotiated could not be applied again. .
"We need to make sure that he is a minor recharge during the consumption process. You need to provide substantial evidence." Kuwo Music's customer service told Huang Yungao, "We do not rule out that he accidentally remembered his father's payment password, but evidence is needed. "
"How do you ask us to find evidence? Where is the surveillance in the countryside?" Huang Yungao asked back.
"You can go to a lawyer through any legal means. We support judicial rights protection." Customer service told him.
But where to sue, how to sue, and how to find a lawyer, there are certain thresholds for this poor household.
Deng Yang, the vice president of Douyu Live, once said: "In the actual appeal process, the confirmation of the identity of the minor is the most important part of whether the platform performs refund processing. Generally, if the person can be proved to be a minor with a high probability Or there is no strong proof that you are not a minor, and we may refund part of it." "The key issue in protecting the rights of minors is to prove that the person giving the reward is indeed the minor and not the parent. After all, it is also There is the possibility that the parent will repent after giving a reward but request a refund in the name of the child.” said Wang Zhiyu, director of the Health Law Research Association of Hunan Law Society, according to the principle of “who advocates and who proves” in the Civil Procedure Law, parents need to provide at least There are two kinds of evidence-one is to prove that the act of rewarding was done independently by the child, and the other is that the above payment was not approved by the guardian.
“Based on the disadvantaged position of consumers relative to gaming and live broadcast platforms, I suggest that game and live broadcast companies should bear the burden of proof that the rewarder is a person with full civil capacity, that is, the burden of proof is inverted.” Wang Zhiyu said, “This is both The social responsibility that the company should bear is also matched with its substantial income. This measure can even force relevant companies to implement the real-name system for platform login and improve their ability to distinguish minors."
The "Survey Report on Minor Game Recharge and Live Reward" issued by the Jiangsu Provincial Consumer Protection Committee pointed out that a survey of 9 mobile games found that 3 models can be recharged in the "tourist mode" and 9 games can be recharged through other games. Account login, real-name authentication is only a formality, and the process of recharge and refund of minors is complicated. Only two games are refunded successfully.
Liu Haijun, a professor at the School of Law of Renmin University of China, believes that the promulgation of the Supreme Law "Opinions" means that related work has taken a positive step.
But in the long run, it is necessary to find ways to solve the problem of minors’ indulging in online games and blindly rewarding from the root by strictly reviewing user identities, controlling login duration, and restricting minors’ rewards.
Solving problems cannot rely solely on "laws and regulations", parents are also responsible
Xiaoyu of Zhengzhou was discovered by his parents to charge up money in the game. After guaranteeing his parents, he charged another 600 yuan in the same day on June 1.
"Although my parents are very angry, they didn't really do anything to my brother. Mom said that in order not to delay his homework, I asked me to appeal and get the money back." Xiaoyu's sister said.
Wang Zhiyu pointed out that the minds of minors are immature, and parents should fulfill their responsibilities as guardians of guidance and education, and help them cultivate healthy consumption habits in daily life. This is the long-term solution to the problem.
"Enterprises should not be vague on the issue of preventing minors from indulging in games. However, technology is only a means after all and cannot completely solve the problem of minors' addiction to games." Sun Hongyan, director of the Institute of Children and Youth, China Youth Research Center, believes that family relations, family Factors such as parenting mode have a great influence on minors' online rewards.
Sun Hongyan pointed out that parents should be open to their children's access to the Internet, establish good communication, do a good job in consumer education and financial education as soon as possible, and should also reflect on how to manage their money well.
Some platforms have begun to use face recognition technology to distinguish minor users.
However, Li Peng (a pseudonym) in the live broadcast industry believes that this method is actually "unfriendly" to adult users. An additional payment confirmation link reduces the willingness of these people to consume. Platform revenue is a problem."
"On the one hand, guardians must earnestly fulfill their obligations to educate and protect minors, and cannot pass their due supervisory responsibilities to the enterprise and society." Zheng Ziyin, director of the Juvenile Legal Professional Committee of the Guangdong Lawyers Association, was interviewed by the media Shi said that on the other hand, each platform must strictly implement current laws and regulations and regulate their own business behavior.
Regarding the issue of online recharge and rewards for minors, in addition to making principled judicial interpretations, the judicial department should introduce more specific evidence determination rules as soon as possible.
Zhang Haorong, Gong Wenjing, China Youth Daily · China Youth Daily reporter Wang Yejie Source: China Youth Daily