A Study On The Legal Nature And Attribution Of Responsibility Of Minors' Huge Reward Behavior

Under the promotion of science and technology,China has entered the era of network information,WeChat payment,alipay and other third-party virtual payment tools are gradually improved and become a mainstream trend,which provides a basic guarantee for network consumption.The convenience of online payment makes many minors become the main consumer,which leads to the frequent occurrence of huge rewards from online anchors and the purchase of virtual currency for game equipment,which has aroused wide public concern.In order to adapt to the rapid development of the market economy,China's legal system is improving day by day.Minors in the network live broadcast huge recharge,reward disputes occur from time to time.From the perspective of civil law,minors conclude a sales contract with the live broadcast platform through recharging,and establish a gift contract with the host through reward.In the determination of the validity of the contract,when the minor does not have full civil capacity,the validity of the act of recharging and rewarding should be judged in accordance with articles 144 and 145 of the general principles of civil law and Article 47 of the contract law.In civil litigation,minors and their legal representatives shall bear the objective burden of proving that minors are the actual controllers of accounts and that the actual controllers do not have full civil capacity.Specifically,it needs to be proved from three aspects:the age of users,the amount of consumption and whether the legal representatives agree or recognize.When the contract is deemed invalid,the minor can request the live broadcast platform and the anchor to return the corresponding money.In addition,the legal representative,live broadcast platform and the host of the minor are all under the obligation of pre contract.In case of breach of their obligation,they shall bear the liability for the other party's loss.Only relying on judicial relief is not enough to solve the problem of minors' protection.The protection of minors' property rights and interests in the online live broadcasting environment needs the concerted efforts of family,live broadcasting platform,legislation and administrative supervision.