Han Xue
As minors increasingly come into contact with the Internet, online consumption disputes such as large recharges and rewards for anchors have also occurred from time to time.
According to recent media reports, the money that Ms. Zhou was going to repay the mortgage disappeared. After a check, it was found that her 12-year-old son Xiao Chen spent more than 170,000 yuan on recharging for more than a year because of playing games.
Xiao Chen realized the mistake and hoped that the game company would refund the money.
The platform is currently investigating and said it will verify and deal with it as soon as possible.
Article 19 of the Civil Code stipulates that minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil legal acts shall be represented by their legal representatives or with the consent and ratification of their legal representatives, but they may independently carry out civil juristic acts purely for the benefit of them. Legal acts or civil legal acts commensurate with their age and intelligence.
Obviously, the minors recharge the game for many times and a large amount or give the host a huge reward, etc., are not purely profit-seeking behaviors, and are not suitable for their age and intelligence.
Such behavior shall be deemed invalid unless it is later approved or ratified by its legal representative, i.e., the parents, and the guardian can request the platform to return the corresponding money.
The "Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic (II)" issued by the Supreme People's Court stipulates that persons with civil capacity are restricted from participating in online paid games or online live broadcast platform rewards without the consent of their guardians. If the guardian requests the network service provider to return the money that is not suitable for his age and intelligence, the people's court shall support it.
Therefore, if parents want to claim their rights, they can collect relevant evidence that can prove that the large-amount online consumption behavior is done by minors and has not been approved or ratified by the parents, and negotiate with the online platform for a refund.
If it cannot be resolved, it can be brought to court.
my country's Minor Protection Law proposes to protect minors on the Internet; the State Press and Publication Administration has also issued a notice to strictly limit the time for providing online game services to minors, and not to use any form to register and log in without real names. Users provide game services; four departments including the Central Civilization Office explicitly prohibit minors from participating in live broadcast rewards.
"Bear children" are addicted to the Internet and consume huge amounts of money, which not only brings economic losses to the family, but also delays their studies, which is not conducive to their healthy growth.
This is not just a cybersecurity issue, but an educational and social issue.
To prevent the occurrence of such behaviors, we must not only stop at recovering money, but also strengthen prevention in advance.
Therefore, relevant online platforms must actively play their main responsibilities, implement the requirements of relevant laws and regulations, strengthen supervision, and continuously improve the anti-addiction system, especially for online games, live broadcasts, etc., to strictly identify procedures, and timely block Live loopholes.
"Bear children" who conduct large-scale online consumption without parental consent are certainly wrong, but as the first responsible person for the healthy growth of minors, parents cannot be exempted from responsibility.
Parents should strengthen the education and guidance of their children, give them more care and companionship, guide them to use the Internet reasonably, and actively prevent possible network risks.
(Author: People's Procuratorate of Fengtai District, Beijing)