| With the rise of webcast,minors hit huge reward network anchorman events happens frequently.This phenomenon is controversial in all sectors of society,and has led to a number of minors asked for the platform to return.This paper selects five sample cases including‘Zheng Mou indicted live broadcast contract dispute’,‘Li Mou indicted Wang Mou and live broadcast confirmation contract validity dispute’,‘Wu Mou indicted express broadcast online shopping contract dispute’,‘Chen Mou Jia indicted live broadcast contract dispute,‘Jiang Mou indicted live broadcast property damage compensation dispute’.Through analysis,it can be seen that the focus of the dispute is the nature of the reward act,the subject and validity of the contract,the cancellation of the contract or the responsibility after the determination of invalidity.i.case found that the main body of the contract is minors and the platform,the contract effect should be determined according to the guardian’s attention and management obligations in stages,the proportion of return according to the guardian and platform fault to determine the effectiveness of the contract.ii.case,iv.case and v.case due to the guardian directly as the plaintiff,the court rejected the application because its plaintiff subject inappropriate or unable to complete the burden of proof.Regarding the nature of the reward act,the virtual currency is obtained from the live broadcast platform recharge value and the sale contract is concluded with the live broadcast platform,and contract of sales is established with the anchorman through the reward.The dispute about the determination of the subject of the contract can be determined according to the actual control of the live broadcast account,the analysis of the user’s behavior and the statement of the parties.If the minor party has fulfilled the burden of proof of the above evidence,the judge should transfer the subjective burden of proof to the platform party in the light of the specific case,so as to ease the unequal status between the live broadcast platform and the parents in the burden of proof.For the determination of effectiveness,because minors do not have full capacity for civil conduct,the value of the implementation of the reward and the effectiveness of the reward contract should be judged according to age,the amount of reward,the ability to identify,whether to be recognized or not.Once the contract is revoked or deemed invalid,the degree of fault should be analyzed from different subject angles,and the proportion of property that the minor party can claim to returnthe reward should be defined according to the degree of fault.To solve the problem of network protection of minors,we need not only judicial relief,but also to improve the relevant legislation and fill the loopholes.The regulations on the Network Protection of Juveniles should be promoted as soon as possible,and the Law of the Protection of Juveniles and the Provisions on the Administration of Internet Live-Streaming Services should be perfected.To join the special chapter on the network security of minors,and to work together to protect the rights and interests of minors in the network environment from the perspective of prevention,in cooperation with the four forces of family,live broadcast platform,legislation and administrative supervision. |
