Wait for the birth of brand-new Internet trade pattern as network game, direct seeding, below economy of vermicelli made from bean starch " dozen admire " became many Internet companies " the path of unripe money " . This kind of brand-new trade pattern besides bringing tremendous business chance, also let existing network consumed legal laws and regulations to encounter new challenge. A few days ago, in You Qinghua civil code of university law courtyard, China learns rights and interests of consumer of seminar, China to protect law seminar to sponsor, music of dog of Tecent academy, cruel, China much network assist do " seminar of problem of law of network culture spending " go up, discuss ardently what pertinent question causes expert attending the meeting.
Confirm dozen admire main body to put difficult point for minor
To not little nowadays 95 hind even 00 hind, look direct seeding and the one part that plays a hand to swam to had become recreation, but loosening while, its also were exposed not sensibly at the same time at the same time come out.
While development of direct seeding industry gets like a raging fire, of minor " dozen admire " often also be exploded to go out and chase after denounce without the door. Came in Feburary 2016 in April, minor woman student is young elegant (alias) because go up madly platform of some direct seeding, inside 3 months " dozen admire " some advocate sow more than yuan 650 thousand, its mother Ms. Liu sues platform of this direct seeding to ask to return with daughter name then " dozen admire " amount. Court of first instance will sentence his to lose a lawsuit last year in September and think: Although Ms. Liu says small elegant in direct seeding platform registering Zhang name is small elegant open with the name of Ms. Liu, carry Ms. Liu under one's name small letter, pay treasure privately consumption, but the evidence that its provide can't prove small elegant be below circumstance of Ms. Liu unwitting privately logins and " dozen admire " .
Beijing arbitrates committee secretary-general Lin Zhiwei puts forward, "Bemused now our still basically be evidence, do not say your minor hits a paragraph to arrive here first appropriate, say how to prove he is minor first. Say how to prove he is minor first..
Bring about minor easily besides direct seeding " operate by accident " outside, the net swims also is heavy disaster area. In recent years, indulge about adolescent the phenomenon that the net swims, be like " 12 years old of pupil call Hainan big talk enjoy game advocate sow, the flower drops environmental sanitation to be versed in the mother is accumulated 40 thousand yuan " , " holiday of Guangdong Zhongshan pupil plays game, buy 16 thousand yuan of stage property with mom mobile phone " , " Henan crane wall 11 years old of sons swim to employ a network, brush maternal bank to block nearly 30 thousand yuan " ...
It is difficult to be not rational network to consume responsibility to maintain
In network spending problem, make most of the minor of nothing is more... than that whole society pays close attention to dozen admire pay cost to whether can be maintained disable and recover.
Li Fucheng of judiciary lab vice director expresses on the seminar: "Front line of branch of protective main body and second line, above all minor also needs to protect his, of course minor is not quite mature still, the parent that should be him so bears a necessary responsibility, parent protection also is to let child ego arousal is mixed grow. " he thinks, protect minor rights and interests, the offer person of network culture product and network serve platform, and government, court and society all have corresponding responsibility.
Minor network consumes the occurrence of case, what social public opinion pays close attention to above all is the loss of the behavior with not rational minor and big belongings, because belongings flowed to platform finally to just be mixed advocate sow, the masses is met first impressions are strongest points to critically spearhead platform square, lean to one side will criticise platform superintends not do one's best, and feel platform just should remove fee. But the expert thinks, parents at ordinary times oversight consumes education and parents to pay silver of treasure, net account and the custodial and adverse ability that pay a password to the child's network is the most immediate cause that causes minor to be not rational network spending to be able to happen.
Yao Jia of deputy researcher of institute of law of the Chinese Academy of Social Sciences thinks, to network direct seeding medium " dozen admire " behavior is the problem that minor or guardian carry out after all, the attributive, mobile phone model that registers the place on information, entry IP address and webpage to show comes the fee that ought to link a mobile phone confirm. "As the enterprise, we also did beneficial exploration, prevent for instance indulge system: In this system, minor ties the Id mark that decides his or mobile phone, adult can realize control from tiring-room, the consumption of any time, login, charge a cost be clear at a glance, can operate at any time shut. " senior counsel Fu Jiang says department of platform of Tecent law Wu.
Fu Jiang shared the consumptive trait of minor as worker of law Wu a gleam of: "Concentration charges a cost, conceal a gender time of consumption of reason of strong, blame, consumption is centered on the weekend to mix classes are over time " . At the same time he still emphasizes, a few users use channel full a cost and consumptive platform information the flaw of different situation, reassert removes fee, form double accrual, had appeared at present " the profession removes cost person " , form black industry chain.
"In recent years, the number is read, the industry such as network music presents a state that grows quickly by right of mode paying fee, and like frequency of direct seeding, nearsightedness these industries are in before 2012, it is abrupt be born ' new species ' , also got rapid development. We should realise this industry grows has fundamental value to economic society, itself has tremendous help to Chinese culture supply. Of course industrial development can bring new legal issue for certain, this needs industry to come to the place that thinks jointly namely. " Zhang Qinkun expresses Tecent academy secretary-general.
Code is short of related network culture consumption break
A report that issues according to Tecent academy points out, accompany " Internet + " strategic abidance is carried out, internet already made activation culture consumption and the new engine that information consumes, with Internet literature, movie and TV, move free, the growth momentum of the Internet content industry that the fractionize domain such as game, music, news is a delegate is more outstanding. The user is PGC no longer (professional production content) the passive consumer of the times, become the deepness participator that content creates however, internet content industry gradually to economy of vermicelli made from bean starch excessive.
However network culture develops in high speed while, consumptive dispute also happens again and again subsequently. Dong Peng of chief inspector of Wu of magic art of cruel dog music combed a few respects that at present dispute of network culture consumption centers on the seminar: Because be not rational consumption,be consumer, ask 7 days to remove fee without reason; 2 it is consumer thinks offerred product perhaps serves to was not achieved anticipate the requirement removes fee; 3 it is minor use parent mobile phone undertakes consumptive asking to remove fee; 4 it is Internet company cannot provide a service, consumer asks to remove fee. But because relevant legal laws and regulations is at present opposite lag, do not have specific relevant provision to afore-mentioned dispute types. He thinks, culture product is different from general merchandise, have its special " consumption exhausts " and " perceptual evaluation " attribute, if be not performed because of what look good-looking, audition song is not Orphean, the requirement such as consumption of reason of not amused, blame quits sport cost, will disturb market economy order. And minor " use secretly " consumption of parental Zhang date, adult offends criminal law is hit with public money admire wait to had become social issue, internet company serves the person that offer as the technology only, however because of consumer " not rational " consume needle of billow of mouth of the aweather that be pushed. His appeal includes business of company of guardian, school, Internet, operation, government to be in charge of a branch to wait to catch condominium together, build what perfect Internet consumes to solve a mechanism in all.
Xiong Dingzhong of director of office of attorney of Beijing clear rule expresses, "Limit network culture to consume a service when us when platform ought to have responsibility of what kind of law, the person that can consult management place is offerred and to the relation between inn consumer. " at the same time he returns citing, the legal responsibility that a few industries may appear for exempt future, also made a few move, hit in video for instance " your person is unwell, do not imitate please " label, the reason is some users got hurt when imitating these movements. But he also is cast gave an issue, if the user is true because of imitate these movements and get hurt, does platform have the obligation on public law certainly? This kind theoretic the person that should have ego government obligation, the harm that brings about because of ego misgovern, does platform have obligation to undertake compensatory?
[reporter] Xie Dan
[author] Xie Dan
[origin]
