It's time for the juvenile online rewards to be chaotic! (Man in the cloud)
"9-year-old girl rewards anchor for Huaguang's home 100,000 gifts" "nurse's 10-year-old son rewards anchor for 100,000 yuan" "granddaughter plays mobile games and spends grandma's life-saving money" ... Some minors recharge and host for games News of rewarding parents for spending "money money" is not uncommon. Should the money be refunded? How much is refunded? In recent days, the Supreme People's Law has given clear opinions to add a legal barrier for the treatment of juvenile disorder.
The Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving New Coronary Pneumonia Epidemic Situations (2) issued by the Supreme Law clearly states that persons with limited civil capacity can participate in online paid games or online live platform "reward" without their guardian ’s consent If the guardian requests the network service provider to return the money in a manner that is incompatible with his age or intelligence, the people ’s court shall support it. Under certain circumstances, the Supreme Law clearly gives opinions on supporting the recharge of minors, which not only provides practical guidance at the legal level for resolving such disputes, but also sets the “course” in time for the development of the online entertainment industry.
Why do we control the phenomenon of juvenile rewards in the Internet? Why do they appear in the guidance of civil cases involving epidemic situations? Undoubtedly, the introduction of this "opinion" echoes the general background of epidemic prevention and control. As of March 2020, the number of online live broadcast users in China reached 560 million, and the number of online game users reached 532 million. During the epidemic prevention period, online entertainment has become the main entertainment method for many homeless minors. Data such as online game downloads have reached new heights, and more and more legal disputes have emerged. Therefore, with the vigorous development of the industry and the special circumstances during the epidemic prevention period, it is appropriate to issue relevant guidance, which is conducive to containing such phenomena and related civil disputes at the source.
It should be said that the dispute arises to a certain extent from the oversight of the network service provider, and the "Opinions" "reminds" the platform. According to the "2019 National Internet Research Report on Minors", China's minor Internet users have reached 175 million, and as a network service provider, supporting technical services and institutional support should keep up with it, such as restricting the registration of minors 2. Strengthen user identity verification and other measures, which not only reduces their own risks, avoids disputes about fee refunds, but also assumes social responsibilities to curb the disorder of online consumption by minors.
The emergence of disputes also stems from the absence of parental supervision. The introduction of the "Opinions" does not mean that parents can do their best. "Bear children" are rewarding, and the problem lies with parents. For minors over 8 years old, the prerequisite for judging whether their consumption is effective is to be able to prove that the recharge behavior occurred without the parents' knowledge. Minors also have a day to grow up. It is the responsibility of parents to cultivate good consumption habits. If they just let it go, parents will eventually have to pay for it.