On January 20, Yang Mou of Xianning, Hubei Province, opened a small shop, in order to avoid his son from messing around, he gave his mobile phone to his children to play games, and as a result, his 8-year-old son gave the game anchor Hao 110,000 gifts. After the incident, Mr. and Mrs. Yang immediately reported the case. The police helped recover the full amount of the tip.
In the current society, the popularity of live broadcasting not only attracts many adults to watch, but also many children are fascinated by it. In the live broadcast room of major Internet celebrity anchors, you can see a large number of netizens giving gifts. So, can underage rewards to anchors be recovered?
Minors giving gifts to anchors should theoretically be able to be returned. According to mainland law, contracts concluded by persons without capacity for civil conduct and persons with limited capacity for civil conduct are invalid. This applies to 8-year-olds, but parents must prove that the act of brushing gifts is the child's own operation. This evidence is also quite troublesome, if there is no surveillance video, how to prove?
Although minors participate in online paid games or online live broadcast platforms "tip" and other means to spend money that is inappropriate for their age and intelligence, the guardian may request the network service provider to return the money, but it has delayed the child's growth and will regret it in the future.
Digital products are becoming intelligent step by step, and now children are also exposed to more from an early age, very small children can operate mobile phones independently, and many parents give their children a mobile phone and a tablet in order to save trouble, so that they can stay quiet.
The emergence of this kind of thing can make it easy to take children, but the legal problems that arise are also worthy of our vigilance!
First of all, it should be known that the eight-year-old child in this case cannot have a clear understanding of the amount of 110,000 yuan, and as a person with limited capacity for civil conduct, the implementation of civil juristic acts is agreed and recognized by his parents.
Therefore, for this huge reward, the mainland also has relevant guidance opinions, restricting persons with capacity for civil conduct from participating in online paid games or online live broadcast platforms "tipping" without the consent of their guardians to spend money that is inappropriate for their age and intelligence, and where the guardian requests the network service provider to return the money, the people's court should support it.
Although the payment can be legally supported, this is not a reason for parents to give mobile phones, payment passwords, etc. to minor children at will.
However, the determination of the invalidity of the tipping requires sufficient evidence that it was indeed carried out by minors, which is often difficult to prove.
Moreover, family education is a very important part, and the Family Education Law also proposes that the parents or other guardians of minors shall reasonably arrange the time for minors to study, rest, recreation and physical exercise, so as to avoid increasing the burden of minors' learning and prevent minors from becoming addicted to the Internet.
This is not only the requirements of parents for the growth of children, but also the law and the obligation of parents.
And for the growth of children, what is needed is more concern for parents and friendly and effective interaction with society, rather than exploring the world from the online world all the time.
Parents should really reflect on it, don't use busyness as an excuse to throw the mobile phone to the child to play, let the child blindly indulge in the game and network in the mobile phone.