“熊孩子”打赏花光父母积蓄,谁之过?

为何平时温顺听话的“乖孩子”转眼变成了出手阔绰的网红金主?许多家长怎么也想不明白。2017年开始,从事服装生意的市民陈女士留意到年仅11岁的女儿,平日明理懂事且还在学校担任班长,最近却频繁在美拍直播平台用自己的账号充值打赏了7万多元。而今年年初,来自宜良的肖女士的住院钱也被孩子在网络平台打赏殆尽。与此同时,天津市第三中级人民法院也在7月审理了一起未成年人通过网络直播平台打赏了近160万元,从而引发的合同纠纷案件。最终三起纠纷案均以网络平台偿还消费额而告终。

近年来,随着移动互联网与直播经济的发展,业余时间刷刷手机端视频与观看网络直播已成为了很多人休闲放松的方式之一。在休闲放松的同时我们也可以看到时不时会有出手阔气的观众动辄打赏数百上千元,然而如果这位看似出手阔气的打赏者还仅仅是一名年少无知的孩子,这一切还会如此顺其自然吗?频繁出现的未成年人在网络虚拟平台大额消费的争议,虽然大部分处理结果都是平台向其家长偿还消费额,并且最高法明确规定了“限制民事行为能力人未经其监护人同意,参与网络付费游戏或者网络直播平台‘打赏’等方式支出与其年龄、智力不相适应的款项,监护人请求网络服务提供者返还该款项的,人民法院应予支持”。但是我们也应该去思考在此类争议事件屡屡频发的当下,应如何避免此类矛盾的产生。

可以看到的是,此类争议事件主要涉及“大额消费”和“沉迷网络”两个问题。针对大额消费问题,在立法明确的前提下,政府层面也应当加大监管力度,各大网络平台应当提高验证标准与支付权限,必要时可以设立多重验证机制,切实防止未成年人深陷大额消费。同时社区与学校应当加大宣传力度,如社区层面可以针对家长开展各类的预防教育类的活动,并且提供相应的法律咨询服务,让家长重视自己的财产管理,同时要让家长重视子女的价值观教育与金钱观教育。学校层面也可以针对学生开展相应的主题活动,让学生明白自己花费的钱是怎么来的,消费一定要力所能及,以树立健康的金钱观与消费观。在家庭层面,应当提倡家长合理管理自己的财产,并加强对手机、平板电脑等电子设备的管理。

沉迷网络问题可以说是新时期困扰众多家长的常见问题,一方面需要各网络平台提高真人验证标准,防止未成年人陷入长时间的沉迷网络;另一方面是需要来自家庭、学校、社区的保障与协助。很多沉迷于网络的孩童都面临着父母陪伴的缺失,所以在家庭层面需要家长对孩子多一些陪伴,并且积极带领孩子探索不同的兴趣爱好。学校层面也应当在部分课程中注重各种兴趣小组的建设,以培养更积极健康的课外兴趣。社区层面也应当注重建设针对孩童的课外活动场合,这不仅有利于减轻网络沉迷问题,也有利于孩子可以深入到同龄群体中玩耍,有利于孩子的身心健康和全面发展。

在生活中我们可以看到,曾经“蓝天下打滚、草地中奔跑”的孩子似乎越来越少,更多孩子在移动互联网浪潮中的娱乐也需要面对更多的诱惑,这种诱惑如果不加以约束任其肆意扩散,财产损失也只是其表,更深层的损失便是影响孩子的健康成长。最后希望相关部门、网络平台、社区学校与家长可以重视孩子的综合发展,让年轻矫健的身姿与明亮欢乐的笑声重现阳光下。

Ignorant Children Consume Family Savings for Online Gratuity – Whose Fault is This?

The question of why sweet and obedient children in daily life has become blind consumers at online virtual platform has troubled many parents. In 2017, Ms. Chen, who is engaged in clothing business, paid attention to the abnormal performance of her child. Ms. Chen’s daughter is only 11 years old. She is obedient and sensible in school, and serves as class monitor. However, recently, she frequently rewards online anchor with her mother’s account on the Meipai app, which is more than 70,000 yuan. At the beginning of this year, the hospitalization expenses of Ms. Xiao from Yiliang were also all spent by her child on network platform. At the same time, the third intermediate people’s Court of Tianjin tried a case in July in which minors spent about 1.6 million yuan through live network platform for rewarding. In the end, these three cases ended with the repayment of consumption amount by the network platform.

In recent years, with the development of the Internet and live broadcasting industry, watching live videos with mobile phones in spare time has become one of the ways for many people to relax. At the same time of leisure and relaxation, people can see that some rich audience often spend hundreds or thousands of money as tips. However, if the seemingly rich giver is just a child, the rationality of this reward behavior is questionable. In a large number of disclosed incidents where minors spend a large amount of money on the virtual network platform, most of the results are that the platforms repay the consumption amount to the minors’ parents. Moreover, the Supreme Court have also clearly promulgated that when minors participate in online paid games or live broadcast platform consumption without the consent of their guardians, the guardians have the right to ask the network platform to return the money when minors spend money that is incompatible with their age and intelligence. However, the public should think about the reasons for the frequent occurrence of such case and how to avoid.

It can be concluded that such incidents mainly involve two problems: ‘irrational consumption’ and ‘Internet addiction’. Regarding the problem of large consumption, under clear legislation, the government should strengthen the supervision. Moreover, major network platforms should improve the verification standards and the payment authority. If necessary, multiple verification mechanism can be set up to effectively prevent minors from spending large amounts of money. At the same time, the community and school should strengthen publicity. For example, at the community level, various preventive educational activities should be carried out for parents, and corresponding legal advisory services should be provided. Parents need to pay attention to own property management and the education of children’s values of money. Schools should also carry out theme activities for students, and establish their healthy opinion on money and consumption, so that they can understand that the money they spend is not easily available and the consumption must be reasonable. In daily life, parents should reasonably manage their own property and increase the management of mobile phones or other electronic equipment.

The problem of Internet addiction is the main problem that bothers many parents at present. On the one hand, the network platform needs to improve the real person verification standard to prevent minors from being addicted to the Internet for a long time. On the other hand, it needs the protection and assistance from families, schools and communities. Many children addicted to the Internet are facing the problem of lack of parents’ company. Therefore, it is an effective way for parents to spend more time with their children and actively lead their children to explore different interests and hobbies. Schools should pay attention to the construction of various interest groups to help children develop positive and healthy interests. The community should build extra-curricular activities for children, which is not only conducive to reducing the problem of Internet addiction, but is also conducive to the integration of children into their peers, which is helpful to their physical and mental health and comprehensive development.

In daily life, people can find that there are fewer and fewer children who love outdoor activities and are close to nature. There are more and more temptations for children to face in the process of online entertainment. If this is not restrained, the loss of family property is only the most superficial damage. The deeper loss would the damage to the healthy growth of children. Finally, it is hoped that relevant departments, network platforms, communities, schools and families can attach importance to the comprehensive development of children, so that the energetic figure and happy laughter can reappear in sunlight.

作者:黄仁秀迪 编辑:丁心睿

翻译:丁琦 资讯:程 鑫

0 中国新闻网.小学生7万多元打赏主播,最高一天刷走3个“1888”.

http://www.chinanews.com/sh/2018/08-02/8586752.shtml,2020-7-24

1云南广电都市频道.九岁孩子玩快手礼物,花光父母半年积蓄. https://mp.weixin.qq.com/s/iUTBg1vj6dgcZ4mObbnyHw,2020-7-24

2 云南广电都市频道.未成年人打赏主播近160万元,涉案公司全部返还.

http://www.xinhuanet.com/legal/2020-07/16/c_1126247615.htm,2020-7-24

3 Chinanews.com. Primary school students spend more than 70000 yuan to reward online anchor. The most daily consumption is 1888 yuan, up to three times. http://www.chinanews.com/sh/2018/08-02/8586752.shtml,2020-7-24

4 www.yntv.cn. Nine years old children spend half year’s saving on Kwai app. https://mp.weixin.qq.com/s/iUTBg1vj6dgcZ4mObbnyHw,2020-7-24

5 www.yntv.cn. Nearly 1.6 million yuan was awarded to the anchor by minors, the company involved returned all the money. http://www.xinhuanet.com/legal/2020-07/16/c_1126247615.htm,2020-7-24

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