Bear Children Play Host 70 Thousand Yuan Parents Recover Funds Encountered Proof Difficult

Wang Changfu, who lives in the rural area of Fengning County in Chengde, Hebei, has never expected that 70 thousand yuan in two bank cards will be lost.

At 14 o'clock in February 29th, Wang Changfu called the 110 phone and told the police about the disappearance of the balance in the card. The police said it was more troublesome to file the case during the epidemic, so it was best to wait for a few days to report to the Public Security Bureau. Just waiting for these days, Wang Changfu interrogated his 12 year old son, Wang Xu (a pseudonym), and learned that his son used this money to award the anchors of the cool music platform. After recovering from the platform, Wang Changfu turned to the 21 consumer rights protection cue solicitation platform.

Reward 70 thousand yuan online class.

In the evening of March 10th and twenty-first Century, the business reporter called Wang Changfu's phone number. Wang Changfu said that his son Wang Xu's school started online in February 17th, so he gave his wife's cell phone to Wang Xu for video lessons. As a result, during the period from February 18th to February 28th, Wang Xu continued to play a live broadcast anchor on a cool music platform in class, which spent 70 thousand yuan, including 4-5 yuan for a male anchor.

"This money is almost all our family's savings. In peacetime, we are all strict control of the child's cell phone time, and I and his mother will be looking at it, but this is his need for class, we are also worried about the influence of his side learning, so there is no way to use his mobile phone to do a full range of supervision, which gave him an opportunity. Wang Changfu said.

Wang Xu also confessed to the fact that he was playing host. He registered with his mother's WeChat account to sign up to cool my platform, and watched the live broadcast column of "cool I star", and received a total of 18 people for many times. As for why to play a reward for male anchors, Wang Xu told reporters: "he is going to do push ups with others PK, who loses, judging that winning or losing is something that fans appreciate."

But how did Wang Xu get his parents' bank card number and password? Wang Xu through Alipay directly fight money, when entering the password link, think of the mother's WeChat password is their birthday, so they try their own birthday, did not expect to break through lightly.

In February 29th, when Wang Changfu needed money, he found that he had only fifty yuan left. After his son confessed, Wang Changfu inquired the recent bill on Alipay. The bill was handed over to reporters later. The reporter found that the 83 purchase of "cool us coin" was less than 35 yuan and more than 10000 yuan, and the bulk payment was mainly concentrated in February 25th and 26th two days. The time to pay is between 10 a.m. and 6 p.m. to 8 p.m.

But when Wang Changfu opened his cool music search consumption records, he found that Wang Xu had been able to clear the records because he was afraid of being discovered by his parents.

How difficult is it to collect evidence?

Wang Changfu believes that Wang Xu is a minor, and a huge reward in a short time has gone far beyond his intelligence and ability. Therefore, he wants to reward the music for the return of this part of my music. But when Wang Changfu got in touch with the cool music platform, the other side indicated that he needed to provide a series of evidences, including providing surveillance video, proving that every child was consuming himself. And even if it can provide monitoring, it can only return 20% of the cost.

"There are very few surveillance videos in ordinary homes, nor do we. We can only provide proofs from schools, villages and banks, but they do not recognize them. I told the platform that I was semi illiterate with my mother and my child. I usually only use simple cell phone functions, I have no ability and no motivation to reward the anchor, but the other side does not recognize it. Wang Changfu told reporters.

Wang Changfu dialed the 12315 hotline, and our company contacted him, saying that in addition to the video, other evidence is required, such as personal information of registered accounts, including mobile phones, ID cards, consumer bank accounts, etc., which must be completely consistent with the user information of the account, and under 18 years of age. But Wang Xu used his parents' Alipay account and bank card, and he did not have a corresponding account, so he could not provide evidence of our company's request.

Wang Changfu showed his evidence to reporters. Including the proof of curriculum information provided by Wang Xu primary school, and the proof of poor families issued by the village committee. The latter stated that Wang Changfu and his wife had "primary school education, few literate, honest and honest, no bad habits", and "not proficient in using mobile phones", while his son Wang Xu was "young and independent, with no independent thinking and judgement ability".

After Wang Changfu's complaint, the reporter contacted the cool platform. Platform stakeholders say that Wang Changfu must provide evidence that children are rewarded rather than parents. In addition, after March, there are still a few small consumption of cool music platform. Platform stakeholders believe that if the complaint platform has been previously, it will be difficult to explain consumption later.

Reporters asked Wang Changfu, he also did not know why the platform still has consumption in recent years, but indeed the balance of bank cards from 50 yuan to a few yuan, less than 40 yuan. After questioning his son, he found that his son still bought songs on the music platform after March. Wang Changfu sighed to reporters: "children are not aware of mistakes at all."

Can minor rewards be recovered?

In recent years, there are many cases of consumer disputes caused by large consumption of live broadcasting platforms. In March 5th, according to the Southern Metropolis Daily, a 13 year old boy in Zhejiang took advantage of his mother's cell phone to go online. During the course, he watched the tiger's teeth live for 8 days and repaid ten thousand yuan. According to the report, Ms. Xu's 13 year old son in Jiaxing, Zhejiang, recharged 6827 yuan in the live broadcast of tiger teeth. At the same time, he spent 12000 yuan on 4 games and live software on "peaceful elite". In February 26th, surging news also reported that a 12 year old child in Wuhan had conceal his family's recharging of more than 5 yuan to the live broadcast platform.

Can the juveniles reward the large live broadcast platform?

Lawyer Zhao Zhidong, senior partner of the Shang Gong law firm, told reporters that according to existing jurisprudence, the plaintiff (that is, the parents of the minors) required the plaintiff to prove that it was a reward from minors. Most of the decisions were that the plaintiff's evidence was not sufficient to prove that the plaintiff's request was dismissed. However, there are also some decisions to support partial return. The premise is that the evidence submitted by the plaintiff includes the registration form and monitoring information of the receiving police. The approval is made by the minors, but the guardian has certain faults, and the judgment supports part of the return.

In this case, legally speaking, a 12 year old minors should be engaged in civil juristic act that is compatible with their age and intelligence. It is not suitable to reward 70 thousand yuan, and the effectiveness of reward behavior is undetermined, and parents have the right not to ratify it. But the parents have to prove that the children's reward is not directly proved to be evidence of children's reward. Some other evidence can support the proposition. The favorable reasons include: Children's recharge time is started after the children begin to take part in the Internet, and it is concentrated in the morning and afternoon time, which is a coincidence with the time of children's use of mobile phones in class. Parents are not able to do all the monitoring in this period, nor can they always take care of their children when they study. The reward behavior is not matched with the income of family conditions, and the family lives in the countryside, the father has no fixed income, and the mother is unemployed. It also depends on the registration of the platform account, the reward record, the anchors, the barrage, the chat record with the anchor, and the corresponding proof of the report.

"If there is a discrepancy in the current case, it will depend on the specific judge's recognition of the evidence to reach the corresponding standard of proof. If the judge recognised the child's reward, he would also consider the guardianship responsibility of his parents. He decided to deduct a certain proportion and return it. This proportion is also determined by the judge. Lawyer Zhao Zhidong said.

Cool customer told reporters: "our customer service has been actively communicating with users, hoping that users can provide corresponding evidence and materials as soon as possible, and the platform will also deal with this matter based on a reasonable and legitimate process."

For the platform to remind or restrict the use of minors, in twenty-first Century, the Economic Times reporter repeatedly queried that there were no hints for teenagers to use. After careful search, it found that the cool music App had the option of "youth mode". After parents set four digit passwords, they would limit the live recharge and consumption for a period of time. But this function must be operated by users who open the App automatically.

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