A 9-year-old boy recharged 140,000 yuan in 14 days to reward the anchor Court: Parents failed to perform their guardianship duties, and the platform returned 70%

A 9-year-old "bear child" actually recharged more than 140,000 yuan 56 times in just 14 days to reward game anchors......

After the child's father failed to apply for a refund, he filed a lawsuit with the court, demanding that the platform company involved return more than 140,000 yuan. On February 25, the Guizhou Provincial High People's Court announced the case, and after the court mediated, the platform involved returned 70%. The court held that the child's behavior was an invalid civil legal act, but his father was also at fault in terms of guardianship and other aspects.

Affair:

The 9-year-old child recharged 56 times in 14 days, totaling more than 140,000 yuan

It is used to reward game streamers

It happened in October and November last year, when Xiao Annian, who was born in January 2014, was only 9 years old.

Prior to this, when he went to the supermarket with his father, Xiao Zhou watched his father pay and secretly remembered his father's WeChat payment password. In May last year, he used his father's mobile phone to secretly register an account with a short video technology company, and then watched videos on a short video platform many times.

On October 30 last year, Xiao Zhou swiped the barrage game on the short video platform, and was deeply "impressed" when he saw the game anchor's "witty words, a wave of operations as fierce as a tiger". Subsequently, without his father's knowledge, he used his father's mobile phone to recharge the short video platform 56 times with a total of more than 140,000 yuan within 14 days, which was used to purchase virtual currency to reward a number of game anchors on the platform. The single recharge amount of these recharges is mostly 1688 yuan, 3000 yuan, 5000 yuan, and 8888 yuan.

▲Recharge record

But "paper can't hold the fire", Xiao Zhou's behavior was finally discovered by his father.

Conciliation:

The act of tipping a child is an invalid civil act

His father is also at fault, and the platform will return 70%

After Xiao Zhou's father found out, while educating Xiao Zhou, he applied for a refund from the short video platform. Because he failed to reach an agreement, Xiao Zhou's father filed a lawsuit with the People's Court of Sansui County, Qiandongnan Prefecture, Guizhou, demanding that the short video platform technology company return the recharge amount of more than 140,000 yuan.

After Xiao Zhou's father provided a large number of surveillance video proofs, the court held that the tipping behavior involved was carried out by Xiao Zhou using his father's mobile phone, and the counterparty to the contract was Xiao Zhou. Xiao Zhou was 9 years old when he purchased virtual currency for tipping, and his father refused to recognize the tipping behavior carried out by him as a person with limited civil capacity, which should be an invalid civil juristic act.

However, the court also held that parents should manage the use of electronic products by their minor children, perform their guardianship duties in daily life, and have the obligation to keep their mobile phones and various payment accounts and passwords. In this case, Xiao Zhou's father failed to perform his guardianship duties and failed to properly keep his mobile phone and payment password, causing Xiao Zhou to take the opportunity to purchase virtual currency for rewarding, and Xiao Zhou's father was also at fault.

▲Court mediation

In the end, after several mediations by the court, the two parties voluntarily reached a mediation agreement, and the short video technology company involved returned 70% of the recharge amount, that is, more than 100,000 yuan.

What the judge said:

Can you ask the platform to return the full amount?

It depends on whether the guardian is at fault

Whether or not the civil juristic acts of online top-up and tipping carried out by minors are effective should be considered in light of the actual circumstances of the case, and the above-mentioned acts carried out by children under the age of 8 are invalid, and those over the age of 8 should be determined in accordance with articles 19 and 145 of the "Civil Code of the People's Republic of China".

Article 19 stipulates that minors over the age of eight are persons with limited capacity for civil conduct, and their legally-designated representatives are represented in carrying out civil juristic acts, or with the consent and recognition of their legally-designated representatives;

Article 145 stipulates that civil juristic acts carried out by persons with limited capacity for civil conduct that are purely profitable, or that are not related to their age, intelligence, Civil juristic acts commensurate with mental health are valid; other civil juristic acts carried out are effective after being approved or recognized by the legally-designated representatives; the counterpart may urge the legally-designated representatives to make retrospective recognition within 30 days of receiving the notice; where the legally-designated representative does not make an expression, it is viewed as a refusal to recognize; before the civil juristic act is recognized, the bona fide counterpart has the right to revoke it; and the revocation shall be made by way of notice.

The judge pointed out that even if the above-mentioned acts of a minor are invalid, whether the platform can request the full amount to be returned, it depends on whether the guardian is at fault, whether the guardian has fulfilled the guardianship obligation, the management obligation of bank cards, WeChat, Alipay and other passwords, and whether the platform has established a corresponding mechanism to remind and restrict the above-mentioned acts of the minor.

For the majority of parents, as the guardian of their children, they should strengthen the supervision of their children, guide their children to correctly use mobile phones, tablets and other electronic products, keep their account passwords and payment passwords, and prevent their children from making payments after obtaining passwords.

For online companies, it is necessary to strengthen their sense of social responsibility, further optimize software settings in technology, and prevent the occurrence of cases of large recharges and tipping by minors. Actively handle such disputes after the occurrence of cases.

Red Star News reporter Yao Yongzhong according to the Guizhou High Court

Editor: Zhang Xun, Editor: Deng Minguang