The 15-year-old girl recharged 210,000 yuan on the game sparring platform, and the platform promised to refund after the lawsuit

  Addicted to the game sparring platform, the 15-year-old young girl Qingqing recharged more than 210,000 yuan in it.

  On May 14th, a reporter from The Paper (www.thepaper.cn) learned from the People’s Procuratorate of Songjiang District, Shanghai that in February this year, the court received a request for help from the 12355 Youth Psychological Counseling and Legal Aid Hotline. The requester Mr. Zhang It's Qingqing's father.

  After Mr. Zhang filed a civil lawsuit against the platform operating company and the prosecutors supported the prosecution, the two parties reached a mediation in court on May 7, and the platform operating company promised to refund the recharge in full.

Court trial scene courtesy of Shanghai Songjiang District Procuratorate

Depressed girl asks her family for money in the name of psychological counseling

  Mr. Zhang stated in the 12355 hotline that his daughter Qingqing is addicted to a game sparring app called "Shangwangzhe", and she has spent more than 210,000 yuan on topping up the app without telling her parents.

  Mr. Zhang believes that Yanyan Network Technology Co., Ltd., which operates the "Shangwangzhe" APP, has not fulfilled the necessary regulatory obligations and induced minors to engage in high-value reward activities, which harmed the rights and interests of his daughter Qingqing.

For this reason, he filed a civil lawsuit against Yanyan Company, requesting the other party to return Qingqing's recharged money. At the same time, Mr. Zhang applied to the Songjiang District Procuratorate to support the prosecution of the case.

  After receiving the clues, the undertaking prosecutor immediately carried out investigation and evidence collection.

After investigation, Qingqing has registered to use the "Shangwangzhe" app from July 2020 until the guardian knows it, and consumes by topping up "wangzhecoin" and purchasing virtual items related to the platform.

  During the conversation with Mr. Zhang, the prosecutor learned that Qingqing was suffering from mild depression. She was asking her parents for money in the name of paying psychological counseling fees online. The daily cost was as high as 1,200 yuan.

Until the beginning of January 2021, Mr. Zhang found out that Qingqing was asking for money for rewards online, so he refused to give her a large amount of money.

This experience caused Qingqing's depression to relapse.

Platform audits are superficial

  Qingqing suffered both psychological and property damage, which is not unrelated to the negligence of the "Shangwangzhe" APP to review the registration of minors.

According to the survey conducted by the undertaker, although the "User Agreement" of the APP contains special reminder clauses such as not being allowed to register for minors, this agreement is not mandatory, and the default minimum age for user registration is 18 years old. Real-name authentication is not required. Can register at will.

  The prosecutor believes that the "Shangwangzhe" APP operated by Yanyan Company is a game training software platform. In addition to providing game training, the platform also has live broadcast rooms, chat rooms and other real-time communication channels.

According to the "Internet User Account Name Management Regulations" promulgated and implemented by the State Cyberspace Administration of China in 2015, Yanyan Company should implement security management responsibilities and improve user service agreements.

Qingqing, who was 14 years old at the time, was able to easily register an account and continue to spend large amounts of money. Yanyan obviously did not fulfill its management obligations.

  And Qingqing’s experience is not a case. The prosecutor learned that there are other minors who have registered as users of the APP without telling their parents and spent a lot of money on the platform.

  Qingqing’s WeChat recharge records show that from July 2020 to February 2021, she recharged a total of more than 210,000 yuan to the "Shangwangzhe" APP. According to the Civil Code of the People’s Republic of China, Qingqing is a person with limited capacity for civil conduct. , Such a large expenditure is obviously beyond his cognition, and now he requires the platform to return the money, which is well-founded in law.

  The "Shangwangzhe" APP does not set thresholds for the entry and use of minors, nor does it provide any special and obvious prompts, which harms the interests of minors.

According to Article 15 of the Civil Procedure Law of the People's Republic of China, the Songjiang District Procuratorate decided to support the prosecution of this case and urge the company involved in the case to make improvements by issuing procuratorial recommendations.

Prosecutors appear in court to support the prosecution

  On May 7, 2021, the case was heard in the court.

On the plaintiff's stand, the prosecutor expressed support for the prosecution.

  The prosecutor said that to encourage the expansion of emerging industries and industries, it must not be at the expense of harming the physical and mental health of the majority of minors.

The "Network Security Law of the People's Republic of China" clearly requires all users to use real identity information when using network services. Yanyan Company is pursuing economic benefits while ignoring the impact of network services on the vast number of young people. Indifference and indulgence are harmful The procuratorial organ supports the plaintiff’s claim for the rights and interests of minors.

  Subsequently, both parties in the court trial expressed their appeals and opinions, and the defendant accepted the prosecutor’s opinions and stated that the next step would be to actively rectify in accordance with relevant laws and regulations.

After a two-hour trial, the two parties finally reached a mediation in court, and Yanyan promised to refund Qingqing's recharge in full within a week.

  (The parties, APP and company in the text are all aliases)

  (This article is from The Paper. For more original information, please download the "The Paper" APP)

The Paper, senior reporter Li Jing, correspondent Gu Chengxiao