Teenage Mother posing recharge experts: online management system should be included in regulations

According to "South China Morning Post" reported that a 14-year-old third-year student,play cooking games after registration Alipay quietly bound mother's bank card and then pay through the shortcut network games recharge, within two months, credit card about $ 100,000. When his mother Ms Wu found a bank card balance does not understand the truth requires online game company when returning the money, he was rejected. According to Section 12 of the Civil Code provides that minors 14 years of age is to limit the capacity for civil conduct and may engage in his age and intellect to adapt to civil activities. Contract Law Article 47, limit civil capacity contracts concluded, after ratification by his legal agent, the contract is valid, but a pure profit of the contract or his age, intelligence or mental health conditions of the contract entered into, do not ratification by his legal agent. Well, in that case, is clearly the case for the sale of minors behavior by banks to buy online games network behavior, their parents whether the above-mentioned requirements of online game companies refund it? Reporters interviewed the management of intangible China University of Political Research Center researcher Liu Hebei Academy of Social Sciences and of family law assistant researcher Liu Yong. Network transactions apply the relevant provisions of civil law Liu think of home, the Civil Code provisions on contractual capacity should apply equally to virtual network transactions. If the bank transfer and online gaming companies in the conduct of transactions involved, knows or should know who they are dealing with only 14 years old, should belong to the effectiveness of related transactions pending. But from the perspective of civil evidence, the implementation of online bank transfers and recharge behavior, the system still can not be identified as minors, because online games account for prepaid bank cards and mobile phones are bound in the name of his mother, master card, transaction password and bound phone and online transactions should regarded as an act bank card owner. If the bank card owner does not provide sufficient evidence to prove that its conduct, the 14-year-olds, for the lack of effect pending the establishment of a civil act factual basis. Yong said that with the emergence of a large number of network technology advances, the popularity of online play Dog Games education and e-commerce sites, more and more do not have full contractual capacity of minors can skillfully e-commerce transactions, purchase of school books on the Internet , supplies, software, game equipment and so on. At the same time, e-commerce transactions with minors-related disputes is also increasing. At present, China's laws and regulations make no special provisions for e-commerce transactions in the treaty-making capacity of minors, in accordance with the relevant provisions or practice civil law, contract law. But in fact, the purchaser e-commerce transactions, the definition of a natural person under disability shall be its capacity to determine the difference between the traditional, it deserves special consideration. E-commerce transactions the acquirer of the most notable feature is the virtual identity, which leads to the true identity of the subject presents uncertainty, online merchants difficult to tell whether the consumer is a minor. If a minor, his legal representative fraudulent use of a variety of ways of networking accounts, verified and transactions, these acts of deception of the seller is unknown. If strict accordance with the traditional civil theory, limited capacity require a contract for its legal representatives were ratified, it is unrealistic for e-commerce transactions, and on the surface, seems to safeguard consumers' interests of one party , but in fact undermines the counterparties of interest and enthusiasm, and online shopping fast, convenient features contrary, with our civil law, the principle of fairness in contract law also established contrary. Thus, the home of Liu, Yong agree that, with respect to the above provisions can not be treaty-making capacity to deny the effectiveness of network behavior. How minor net effect of the purchase contract identified "E-commerce transaction contract entered into with a minor particularity, if the principles of civil law, contract law contractual capacity of minors has always denied the application, obviously too harsh for network transactions determined whether the effect can be be taken into account the specific circumstances of the transaction. "Yong believes that if the e-commerce sites have done to the necessary duty of care, the legal representative of minors to their online trading account failed to fulfill proper custodial responsibility, so if in this case minors successfully entered into the electronic trading contract with the seller, regardless of the legal representative of minors afterwards whether to ratify it, it should be considered the contract in force. Liu of home made, from the available evidence, the case of online games recharge behavior should belong valid. This is because: in accordance with relevant provisions of online banking payment, bank card password grasp the behavioral and bound phone deal is considered the cardholder that is, the minor's mother is. Of course, it is possible that play cat games minors online games on behalf of recharge is paid by his mother, or his mother prior knowledge and approval of the network transactions. Reporters found that access to information, the Ministry of Culture in 2010 promulgated the "Interim Measures for online game" Article 20 states: "online game virtual currency trading service enterprises should observe the following :( a) shall provide transaction services for minors ......" so, does this mean that minors online games recharge constitutes Article 52 of the contract law in violation of mandatory provisions of laws and administrative regulations which led to the contract null and void problem? In this regard, Liu thought of home, from a legal basis for administrative enforcement, the online games for the cultural management sector regulators, namely the cultural sector should be to regulate the online game business order. However, the provisions of the Ministry of Culture only departmental rules, although as a basis for law enforcement, but not recognized as a civil contract invalid basis. Liu of the family said that the protection of minors from both physical and mental health point of view or regulate the online game business point of view, there is the need to network game management system into the laws and regulations explicitly prohibit businesses to provide transaction services for minors. Online game companies should no refund Parents of minors to take brush bank card consumption of online games, whether online gaming company should return money problems, Yong believes that on the one hand, due to their own mistakes lead to the cardholder bank card transaction password leak, no doubt should bear the damage as a result of. On the other hand, in the case of minors mother as guardian of the guardians themselves are causing property damage, it should be liable for damages. At the same time, from the point of view of criminal law, fraudulent use of bank card-based criminal acts, because of dissatisfaction with 16 years of age are not criminal penalties, it should be ordered guardian discipline. Liu of the family also believes that the identified online game prepaid legal acts in effect, the minor's mother asked refund the prepaid money online gaming companies is unlikely to be supported. Parents should protect bank cards, pay treasure transaction password or micro-channel network and other payment instruments. After all, from a legal point of view, the transaction play girl games password to control who is deemed a payment instrument registered himself, due to their own negligence or even deliberately cause a transaction to inform the password leakage and property damage, should bear the corresponding adverse legal consequences.