Research On the Legal Problems of Minors' Internet Consumption in The Context of Chinese Law
DOI:
https://doi.org/10.54097/fqcnjy52Keywords:
The minor; online consumption; live broadcast rewarding; game topping-up; legal validity; minor civil capacity.Abstract
The rise of minors' online consumption disputes in China has been caused by the country's expanding internet user base, particularly within younger demographics. This paper focuses on the problems in minors' online consumption by examining two typical cases, Zheng v. Mellywood Company and Zhang v. A Digital Technology Company. It identifies three main legal canonical issues: recognition of the subject of minors, determination of the efficacy of online consuming behaviors of minors, and retroactive confirmation of the validity of minors' online consumption by the representative-in-law. This paper utilizes qualitative analysis to explore the inadequacies of current Chinese legal frameworks in protecting minors from online consumption. Through a jurisprudential review and comparative legal analysis, this paper suggests a critical gap in regulating minors' online consumption in China, emphasizing the need for legislative and regulatory reforms. Then this paper proposes a set of suggestions to appease disputes in the online consumption of minors. These include adopting the merits of international legal exception regulations, introducing effective oversight mechanisms, and providing more precise legal definitions concerning minors' online activities. It also suggests that a combination of refined legislation and improved regulatory oversight could significantly mitigate the risks associated with minors' online consumption.
Downloads
References
CNNIC.The 52nd Statistic Report of China Internet Developmental Landscape. August 28, 2023. Retrieved on March 2, 2024. Retrieved from: https://www.cnnic.cn/n4/2023/0828/c88-10829.html
CNNIC.The 5th Report on the Survey of Internet Usage by Minors in China. December 25, 2023. Retrieved on March 2, 2024. Retrieved from: https://www.cnnic.cn/n4/2023/1225/c116-10908.html
China Judgements Online. Zheng v. Mellywood Company Case. January 7, 2019. Retrieved on March 2, 2024. Retrieved from: https://wenshu.court.gov.cn/website/wenshu/181107ANFZ0BXSK4/index.html?docId=EmoQ6ORmLEdNYUylwe+9hZrPsPogIfGqm57edg3HIi4u704pp34g2/UKq3u+IEo4xVosgZr6wUAZKh20rpe+vW9vlgeWjNoO6zm4EqFo5gc/Cmcd2p1qOVzeJCP4N8Wd
Apple Inc. Apple Media Services Terms and Conditions. September 18, 2023. Retrieved on March 3, 2024. Retrieved from: https://www.apple.com/legal/internet-services/itunes/cn/terms.html
Cyberspace Administration of China. Notice on the Issuance of the Guiding Opinions on Strengthening the Standardized Management of Webcasting. February 9, 2021. Retrieved on March 4, 2024. Retrieved from: https://www.gov.cn/zhengce/zhengceku/2021-02/10/content_5586472.htm
People's Court News and Media Agency. Supreme Court Releases Typical Cases of Online Consumption. People’s Court Daily. 9011. 8(02). 2023.
Tang Ming. Research on the legal nature and application of rewards to Minors. Lanzhou: Lanzhou University, 2020: 8-9.
The supreme People’s Procuratorate of the People’s Republic of China. Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China. February 05, 2015. Retrieved on March 6, 2024. Retrieved from: https://www.spp.gov.cn/spp/flfg/sfjs/201502/t20150205_90222.shtml
Government of the People's Republic of China. Civil Code of the People's Republic of China. June 01, 2020. Retrieved on March 6, 2024. Retrieved from: https://www.gov.cn/xinwen/2020-06/01/content_5516649.htm
China Judgements Online. Retrieved on March 8, 2024. Retrieved from: https://wenshu.court.gov.cn
Shen Meng. The identification of Minor’s capacity for civil conduct under the background of online consumption. Zhejiang: Zhejiang University, 2019: 12-13.
Government of the People's Republic of China. Civil Procedure Law of the People's Republic of China. June 29, 2017. Retrieved on March 10, 2024. Retrieved from: http://www.npc.gov.cn/zgrdw/npc/xinwen/2017-06/29/content_2024892.htm
Beijing Foreign Studies University. Reviewing and solving the problem: the adjudication path of disputes over minors' live streaming rewards--with the perspective of liability assumption. Beijing Foreign Studies University Legal Science. 2. 235. 2019
Federal Ministry of Justice. German Civil Code. January 02, 2002. Retrieved on March 12, 2024. Retrieved from: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html
Geldart William. Introduction to English Law: (Originally Elements of English Law). Oxford University Press. New York. 50. 1984.
Anson, W. R., Guest, A. G. Anson's Law of Contract. Oxford University Press. New York. 218-219. 1979.
Lin Qihao. Study on Legal Issues of Minors' Live-streaming Rewards. Guangzhou: Guangdong University of Foreign Studies, 2021: 31.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Journal of Education, Humanities and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
