Dozen admire a network advocate can sowed money go back on his word want to come back? On May 30, a case that Guangzhou Internet court discloses can let direct seeding probably curtilage male people sober and sober. Man Yu Mou watchs accumulative total of YY direct seeding to consume more than yuan about 400 thousand. Among them, yu Mou is in between two months female advocate more than yuan 44 thousand are consumed between the direct seeding that sows Liu Mou. A day of Yu Mou brushs a gift for Liu Mou on that day " head of a list of names posted up " , by female advocate sow glad under oral for " permanent VP " (channel manager) , but the VP jurisdiction that the Liu Mou after half month abolished Yu Mou. Under Yu some anger will female advocate sow reach platform of Y Y direct seeding to wait tell a court, ask refund is compensated for. But its lawsuit request is adjudicated finally to reject by first instance of Guangzhou Internet court.
Watch Y Y living broadcast more than 2 years
The man brushed a gift to spend many yuan 40
In network direct seeding, vermicelli made from bean starch " dozen admire " advocate sowing is a kind of bilateral and common communication interactive means, but " dozen admire " behavior is in pull close bilateral distance while, also produced many problems and issue however. On September 28, 2018, netizen Yu Mou platform of Y Y direct seeding some female advocate sow wait to be told 3 times to reach Guangzhou Internet court, the requirement returns Yu Mou to be in this advocate sows direct seeding between " dozen admire " money.
As we have learned, platform of YY direct seeding is by Guangzhou China the platform of Internet direct seeding of operation of limited company of much network science and technology. It is reported, watch the netizen of YY direct seeding, the value can be filled to exchange after registering fictitious " Y money " , can give priority to sow buy all sorts of fictitious gifts, namely " dozen admire " , common says " brush a gift " . Advocate sow receive " dozen admire " , after be being changed to platform again, undertake be dividinged into with the company.
In this case, netizen Yu Mou begins to watch Y Y living broadcast from April 2015, add up to in this platform consumptive 409509.06 10 thousand yuan. Among them, yu Mou begins to watch from Feburary 2017 female advocate sow the performance direct seeding such as Liu Mou singing and dancing, and to Liu Mou " dozen admire " 100 above, every time amount differs to thousands of yuan in 0.1 yuan. To April 2017, yu Mou consumes more than yuan 44 thousand in all between Liu Mou's direct seeding, additional enlightened " ducal " cost 12 thousand yuan, enlightened " guard " cost 2997 yuan. Liu Mou ever was returned to Yu Mou return 10000 yuan.
Brush a gift to go up " head of a list of names posted up "
Be sealed " permanent VP " , half moon hind cancels
On March 19, 2017, yu Mou that day to female advocate sow Liu Mou " dozen admire " the gift of larger amount, become brush the person with most gift that day, be installed to be the VP between this direct seeding by Liu Mou. But after half many month, on April 7, female advocate the V P attributive that sowed Liu Mou to cancel Yu Mou, the reason is Liu Mou does not approbate Yu Mou to turn through small letter under the counter the Zhang, action that gives a gift, bilateral viewpoint of value produces difference. Ever since, under Yu some anger will female advocate some court that sowed Liu Mou accuse Heilongjiang, agree with cancel of do sth without authorization without its with Liu Mou for its VP, think beak a contract of Liu Mou contract asks to remove contract, return requital content, value 60 thousand multivariate. First instance of Heilongjiang place court, 2 careful adjudicate the suit that rejected Yu Mou requests.
On September 28, 2018, yu Mou is sued to Guangzhou Internet court again, this along with all the others will female advocate sow Liu Mou, Liu Mou to be in legal representative of culture medium company, this company, and firm of location of platform of YY direct seeding told a court, the requirement sentences your cancel the network that its consume between Y Y direct seeding serves a contract, requirement the accused just returns money more than yuan 49 thousand, let one numerous the accused make an apology etc.
Does the court adjudicate: ? Does by razor clam of octogenarian of of ピ of Weng of lowing pen cake ask earnestly Na of fellow Dong shovel?
To this case, guangzhou Internet court thinks via cognizance, yu is concern of network service contract between some and platform of Y Y direct seeding. Yu Mou and female advocate sow Liu Mou between, be based on the satisfaction that after watching living broadcast, performs to Liu Mou to undertake " dozen admire " , in " dozen admire " while did not set definition Wu to Liu Mou, it is the contract of free, odd Wu, what form from this is donative legislation impact. According to contract law regulation, the content presence that when bilateral contract concludes, shows without evidence Yu Mou serves contract or donative contract to this is major misunderstanding, or this contract is shown break fairness, perhaps exist get direct seeding platform, female advocate sow con, threatening wait for the case that can file change, cancel, and show without evidence this are donative the contract is added accountability, reason Yu Mou cannot ask by identity of V P of Liu Mou cancel because of its cancel this are donative contract. Female advocate the administrative standing that sows Liu Mou to award Yu Mou V P, it is one kind entrusts contract concern, both sides all enjoys random to remove authority. Remove this clientage, yu Mou does not have any losses, reason Liu Mou does not need to compensate for.
The court rejected Yu Mou's lawsuit to request. At present this case already become effective.
Judge view
The user is unfavorable and actuation " dozen admire "
Direct seeding platform should strengthen administrative self-discipline
Judge Cao thinks, "Dozen admire " behavior rose in development of direct seeding industry very important urge action, of course " dozen admire economy " in the place that also exists to merit a standard not less. As the user, sober head ought to hold in the process of platform of use direct seeding, unfavorable impulse " dozen admire " . Also want to enhance evidential consciousness at the same time, below the condition that establishs the double Wu contract such as service contract between promulgator of likelihood and platform, direct seeding especially, should notice to withhold relevant testimony, avoid possible quote difficulty. Promulgator of direct seeding platform, direct seeding should be used include technology, contract inside all sorts of methods strengthen management and self-discipline, especially the person that the organizer as network direct seeding mixes direct seeding platform to be superintended directly, should maintain and enhance the social sense of responsibility of the enterprise, enhance the ability that identify and checks act violates inside platform ceaselessly, in the innovation in Internet trade pattern cannot the red line of trample law. The management department such as concerned executive authority should be improved continuously superintend, to of all kinds and new-style network the service gives in time standard, give in time to of all kinds illegal behavior chasten.
Actually, "Dozen admire " interactive mode not only in direct seeding of consist in network, extensive also consist in is of all kinds in Internet application. Clear " dozen admire " in usually donative contract property, each square right in be helpful for making clear Internet economy is compulsory, balance each square interest, encourage labor and innovation, health of stimulative Internet economy, orderly development.
Interview and write: South reporter Wu Sun forest
Trainee Zhou Yongjin
Turn from: Southern Metropolis Daily
