Minors rewarded the anchor with 1.6 million yuan, the court ordered a full refund

The Supreme Law publishes typical cases of judicial protection of minors' rights and interests

  □ Our reporter Cai Changchun

  In recent years, cases of girls being sexually assaulted have received widespread attention from society, but in fact, boys may also be subjected to unlawful sexual assaults.

  In the case of Zou Moumou child molestation, the defendant used the trust and negligence of the victim’s parents to indecently molest two boys under 10 years of age for a long time. The methods were bad and the two victims suffered serious psychological harm. The People’s Court found The defendant was a child molester with a "bad circumstance" and was sentenced to a heavier sentence in accordance with the law, realizing the unity of legal and social effects.

  On March 2, the Supreme People's Court issued 7 typical cases of judicial protection of minors' rights and interests, including the above cases.

  Invalid large-amount rewarding behavior of minors

  [Basic case] Liu was born in 2002 and dropped out of junior high school.

From October 23, 2018 to January 5, 2019, Liu used the bank card his parents used for business fund transfer to transfer funds to a technology company account for rewarding live broadcast platform anchors, and the reward amount was nearly 1.6 million. yuan.

After Liu's parents learned, they hoped that the company would refund all the rewards, but they were refused.

Liu went to the court to request a technology company to return the above-mentioned money.

  During the trial of the case, the court organized multiple mediations between the parties. In the end, both parties reached an out-of-court settlement. Liu applied for withdrawing the lawsuit. A technology company voluntarily returned nearly 1.6 million yuan in rewards, which has been fulfilled.

  [Typical Significance] This case is a typical case of minors participating in live broadcast rewards.

In judicial practice, the majority of disputes involving online rewards and online games are persons with restricted capacity, that is, minors over 8 years old.

When these people are playing online games or making rewards, some of the rewards are as high as several thousand yuan or even tens of thousands of yuan, which is obviously not suitable for their age and intellectual level. Without the legal representative's ratification, their behavior is legal Should be deemed invalid.

  The "Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic (2)" provides clearer rules and guidelines for minors' participation in online paid games and online rewarding disputes.

The opinion is clear that if a person with limited capacity for civil conduct participates in online paid games or "rewarding" on online live broadcast platforms without the consent of his guardian, he spends money that is not suitable for his age or intelligence, and the guardian requests the network service provider to return the money, The people's court should support it.

The regulations give more consideration to the protection of the legitimate rights and interests of minors, and at the same time guide network companies to further strengthen their social responsibilities, and create a good network environment for the healthy growth of minors.

  Guardianship revoked for abandonment of minor children

  [Basic case] On July 22, 2018, after Liu gave birth to a baby girl in the hospital, he abandoned the baby girl in the hospital women’s changing room on the 24th of the same month.

After being discovered, the baby girl was raised by a children's orphanage under the Civil Affairs Bureau.

An investigation by the Public Security Bureau found that Liu had also abandoned a baby boy born to him in a residential building on January 29, 2015.

The Civil Affairs Bureau filed a lawsuit with the court that Liu was guilty of abandonment and was no longer fit to perform guardianship duties. It applied for the cancellation of Liu’s guardianship. The Civil Affairs Bureau was willing to assume the responsibility of guarding the baby girl and appoint a child welfare institution of its subordinate to support the girl. infant.

  The court found that Liu abandoned and refused to raise the minor children who were three days old, seriously infringing on the legal rights and interests of the ward, and was in line with the circumstances of revoking the guardianship qualification.

Since the ward was abandoned by his biological mother Liu, a child welfare institution has taken care of it on his behalf. Taking into account the unknown biological father, the age and economic status of Liu’s parents, and the specific circumstances of the village committee, the civil affairs department obtains the guardianship of the ward, and more It is beneficial to protect the legal rights and interests of the ward, such as survival, medical treatment, and education.

In summary, the court decided to revoke Liu's guardianship and appointed the Civil Affairs Bureau as the guardian of the baby girl.

Later, Liu was sentenced to abandonment by the court.

  [Typical significance] Parents are the legal guardians of minor children, and have the legal duties of protecting the health of the ward, taking care of the life of the ward, managing and educating the ward.

Guardianship is not only a right, but also a legal obligation.

If parents fail to perform their guardianship duties in accordance with the law and seriously infringe upon the lawful rights and interests of the ward, the individual or organization concerned may apply to revoke their guardianship status and designate a guardian in accordance with the law.

When re-appointing a guardian, if there is no legal guardian, the civil affairs department generally serves as the guardian, or the residents committee or village committee of the ward where the ward meets the requirements to perform guardianship duties.

  Guardianship by state agencies and social organizations is an important supplement to family guardianship and a strong backing for protecting the legitimate rights and interests of minors.

The healthy growth of minors not only requires justice to play a defensive role in a timely manner, but also requires the concerted efforts of the whole society to establish a comprehensive rights protection system to protect the country's hope and future.

  Educational Probation to Rescue the Mistakes of Minors

  [Basic case] The defendant, a student of a certain middle school in a certain department, successively robbed the victims Du, Wang, Hu, Xu etc. on the university campus with a knife, and robbed 3 mobile phones and 487.5 yuan in cash.

After arriving at the case, Yu Mou truthfully confessed the crime of robbery, and the stolen money and stolen goods have been returned to the victim.

  The People's Court held that after trial, the defendant Yu had robbed others' property with a knife, and his act constituted a crime of robbery and should be punished.

Comprehensively considering the facts and circumstances of the case, Yu is a minor who has a good attitude of pleading guilty and repentance. He has actively compensated the victim for economic losses and has been forgiven by the victim; Yu has performed well during his school period and has been serving as a class student cadre for 3 consecutive years Was rated as the district and school-level three best students; the crime has a certain relationship with the strained family relationship, communication barriers with parents, etc.

Yu's subjective malignancy and social harm are relatively small. The court decided to give him a lighter punishment in accordance with the law. He was sentenced to 3 years imprisonment for robbery, suspended for 3 years, and fined RMB 6,000.

  During the trial of this case, the acceptance officer conducted a detailed investigation of a certain background, including his consistent performance, and actively helped him to re-establish communication channels with his parents.

Through communication, the judge and Yu established a good relationship of trust, and his personality and thoughts have undergone great changes.

Yu returned to the school to take the college entrance examination while he was released on bail, and was admitted to the university with the first place in the class.

After the case is concluded, the judge will regularly follow up and teach a certain student's study and life situation, help him to clear up the confusion in life, enhance his confidence in life, and maintain interaction with Yu's parents, supervise and guide them to enhance parent-child communication and ease family relations.

During the university, Yu had excellent grades and won a national scholarship. After the probation period expired, he went abroad to study smoothly. He has now completed his studies and returned to the country.

  [Typical Significance] This case is a typical case of education and probation to rescue the misstepped minors and help them get back on the right track of their lives.

Minors embarking on the road of illegal crimes are not only due to their own mental development is not yet complete, they do not have the ability to fully identify and control, but also often have factors such as family environment.

my country's Criminal Law clearly stipulates that minors should be given a lighter or mitigated punishment for crimes; the Criminal Procedure Law clearly stipulates that the criminal minors should be educated, probated, and rescued, and the principle of education first and punishment second is adhered to.

Juvenile crimes should be specifically analyzed and treated differently. While accurate conviction and appropriate sentencing, attention should be paid to the education, rescue, tracking, and support of juvenile defendants; serious, responsible, patient and meticulous work should be done , To encourage criminal minors to repent and rehabilitate, no longer repeat the same mistakes, and become a useful talent for law-abiding citizens and society.

  News from Beijing, March 2