According to CCTV news, in recent years, China’s online payment technology and online entertainment service industry have developed rapidly, and the phenomenon of minors indulging in online games has attracted widespread attention. Minors have also paid large amounts for online games or live broadcast platforms for recharge , Disputes formed by “rewarding”. So, are minor rewards effective? The attitude of the Guiding Opinions on the Issues Concerning the Proper Trial of Civil Cases Involving New Coronary Pneumonia Epidemic Situations (2) issued by the Supreme People’s Court is: invalid.
The newly issued “Opinions” make it clear that persons with limited capacity for civil conduct, without the consent of their guardians, participate in online paid games or “broadcast” on online live broadcast platforms to spend money that is incompatible with their age and intelligence. The guardians request network service providers The people’s court shall support the return of the money.
According to the person in charge of the Supreme Law, if a minor spends money through recharge or “reward” while participating in an online paid game or online live broadcast platform, the payment behavior is not valid for his age or intellect. The action of the law needs to be approved or acknowledged by the legal agent before it can take effect. If the legal agent does not agree or not acknowledge, the act is invalid. Invalid civil legal acts are not legally binding at the beginning, and the property acquired by the perpetrator should be returned.
According to the person in charge of the Supreme Law, although this article stipulates that minors under the age of 18 are the main targets, “lifting weight is light”, for children under the age of eight, because they are persons with no civil capacity, so All expenditures for minors under eight years of age to participate in online games should be refunded. This is of course a conclusion that can be drawn according to law, so there is no specific provision in the guidance. The second is the amount of expenditure. This article does not use a “one size fits all” approach, but restricts the amount of money that should be returned to the part that is incompatible with the age and intelligence of the minor. This can be determined by the judge according to the type of game the child participates in in specific cases. , Growth environment, family economic status and other factors comprehensive judgment.
Editor Liu Jiani
Source: CCTV News