Fa is by your side ⑧ ｜ 未 未 未 未 未 未 法 法 法 法 法 法 法 法 法 未 未 未 未 未 未 未 未 未?

▲ Fa is the eighth episode by you

Case introduction

The 9 -year -old Qiqi is naughty and naughty, loves online games, and often watched the game live broadcast. One day, when he watched the game live on a network platform, he found that he could click on the screen to reward. It turned out that the account on the mobile phone was bound to the mother's bank card and has the payment function. Qiqi excitedly rewarded the anchor on the platform for a virtual gift worth 160,000 yuan. The next day, when Mother Qiqi looked at her mobile phone, she was surprised to find the deduction text message notification.

Mom: Qiqi, come here!

Qiqi: What's wrong?

Mom: Did you use your mother's mobile phone yesterday?

Qiqi: I used it.

Mom: See how much you spent! Do you know how much you spent? What did you spend?

Through inquiries, Qiqi's mother learned the whereabouts of the money and severely criticized the child's behavior. So, can she ask for this webcast platform to return all the rewards?

Expert Reviews

Zhu Hu, a professor and doctoral supervisor of the School of Law School of Renmin University of China, Director of the Civil Law Research Association of the Chinese Law Society

In this case, Qiqi's parents have the right to return the huge reward to the webcast platform. According to the provisions of Article 19 and 145 of the Civil Code, when the anchor of Qiqi rewarded the anchor is 9 years old, it is a person who restricts civil behavior capabilities. Wait for it. Obviously, for the 9 -year -old Qiqi, its age and intelligence are not mature. The anchor may be based on vanity and comparison and curiosity. He failed to fully aware of the amount and consequences of rewards. The behavior of 160,000 yuan should be considered to be a civil legal behavior that is not suitable for its age and intelligence, and its rewarding behavior has not been ordered or recognized without its parents' consent. Therefore, the behavior has no legal binding power from the beginning. Based on this, Qiqi's parents requested that the webcast platform returned the money, and the live broadcast platform should be returned. This is conducive to protecting the interests of minors and the healthy and orderly development of the online live broadcast industry.

Correlation

"People's Republic of China"

Article 19 Minors over the age of eight years old In order to restrict the ability of civil behavior, the implementation of civil legal acts or the consent and recognition of its legal agent or the legal agent; Civil legal acts that are compatible with their age and intelligence.

Article 145 The purely beneficial civil legal acts implemented by people implemented by people with the ability to restrict civilian behaviors or civil legal acts that are compatible with their age, intelligence, and mental health are valid; Valid after confirmation.

Produced by Pufajun Studio

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