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Whether the child's money for recharging the game can be returned should be discussed on a case-by-case basis.
First, if the child is under the age of eight, the recharge of the game shall be carried out by the legal person, otherwise the act is invalid and the recharged amount can be refunded.
Second, if the child is a minor who has reached the age of eight, his act of recharging the game shall be carried out by his legal **person ** or with his consent and recognition, otherwise the act will be invalid and the recharged amount can be refunded.
However, in this case, if the recharged amount is appropriate to the child's age and mental status, and the child has the corresponding cognitive ability to carry out this act, the act shall be valid. In other words, you can't ask for a refund of the amount you have deposited.
Civil Code of the People's Republic of China
Article 19: [Minors with Restricted Civil Capacity] Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **persons** or with the consent and retroactive recognition of their legally-designated **persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
Article 20: [Minors Without Civil Capacity] Minors under the age of 8 are persons without capacity for civil conduct, and their legally-designated **persons** are to carry out civil juristic acts.
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Article 16 of the former Ministry of Culture's "Interim Measures for the Administration of Online Gaming" clearly stipulates that online gaming business units shall, in accordance with national regulations, employ technical measures to prohibit minors from accessing inappropriate games or game functions, limit minors' gaming time, and prevent minors from becoming addicted to the Internet.
Therefore, online game development companies should return their money and regulate their own business behavior in accordance with regulations to avoid such disputes. Due to the virtual nature of online transactions, it is generally difficult to collect evidence in such cases, and guardians often discover it after the fact. When guardians discover that a minor child has recharged an online game, they shall promptly store the game's account information, recharge records, and so forth, and promptly report the case.
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You need to have evidence to show that the child operated it himself, and then prove it, most of them can be returned, and then you can upload the evidence to customer service.
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Legal Analysis: Yes. The money recharged by the child playing the game can be refunded.
If you want to recover, you need to come up with two proofs, as follows: because the child is a person with limited civil capacity, you are the child's guardian, and you must prove that the child was not present when playing games to charge money; It is necessary to prove that the use and top-up of your mobile phone are carried out by minors.
Legal basis: Civil Code of the People's Republic of China
Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons ** or with the consent and posthumous recognition of their legally-prescribed ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.
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Summary: Yes.
The Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the Novel Coronavirus Pneumonia Epidemic in Accordance with Law (II) clarifies: Where persons over the age of 8 or 18 with limited capacity for civil conduct participate in methods such as online paid games or online livestreaming platform tipping without the consent of their guardians, and spend money that is inappropriate for their age or intelligence, and the guardian requests that the network service provider return the money, the people's court shall support it.
The relevant person in charge of the Supreme People's Court also pointed out that minors under the age of eight are persons without civil capacity, and their expenses for recharging and tipping should be refunded by the online platform. The fees for recharging and tipping for minors over the age of eight do not always need to be refunded, and should be comprehensively judged according to their age and intelligence level. In general, more than the cognitive ability of minors.
Large purchases can be refunded.
Game Krypton:
Krypton gold, originally known as "class money", refers to the payment of fees, especially the recharge behavior in online games, from "Ye Hou Bian, Si Dao, Fang Yin Division". Back then, due to the intelligent ABC input method.
The reason for entering "class money" is that it comes out with krypton gold, and it is used. In the game, Krypton is known for its rarity.
The above content refers to Encyclopedia - Krypton Gold.
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The recharge game of minors under the age of 8 is an invalid civil legal act and can be refunded.
Minors over the age of 8 and under the age of 18 cannot request a refund if the recharge amount is suitable for their age and intelligence, and those who are not suitable can request a refund.
If it is a situation that can be refunded, you can first contact the customer service of the game company or live broadcast platform to request a refund. If it cannot be resolved, the other party can be the defendant to file a lawsuit with the court requesting confirmation that the act of recharging the game or rewarding the host is invalid or the effect is pending, and the parent who filed this confirmation lawsuit also needs to bear the burden of proof that the act was carried out by a minor and the guardian was not aware.
However, if the minor child uses the parent's mobile phone to recharge, it generally cannot be recovered, because the child uses the mobile phone password and transfer password when using the mobile phone to recharge, in this case, it is deemed that the parent has authorized and consented by default.
In fact, parents can also use the online management software for minors in advance, Qingsong Guardian, to cultivate their children's healthy Internet habits, so that they can prevent their children from playing games and recharging without consent.
I hope mine can help you.
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Whether the money that your child has recharged from playing games depends on the situation
1. Age:
1) The recharge behavior of children under the age of 8 is invalid, and it must be a legal person, that is, the parents to do this on behalf of the child, which means that the transaction does not exist from beginning to end, if the child has been charged, the game platform will be refunded in full;
2) Children over 8 years old and under 18 years old are limited behavioral capacity, that is to say, if the child only charges a few dollars or dozens of dollars, the child has enough cognitive ability and processing ability to make independent decisions, then his wanton behavior is effective;
2. The size of the recharge amount:
1) If the recharge amount is not large, it generally cannot be returned;
2) If the amount is large, it is beyond the range of rational disposal at his age. In this way, the consent of the child's parents is required, and if there is no consent, it is invalid, and if the parents know and agree, then the probation is valid.
Legal basisArticle 19 of the Civil Code of the People's Republic of China.
Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** or with the consent and retrospective consent of their legally-designated **; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
Summary: Yes.
The Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the Novel Coronavirus Pneumonia Epidemic in Accordance with Law (II) clarifies: Where persons over the age of 8 or 18 with limited capacity for civil conduct participate in methods such as online paid games or online livestreaming platform tipping without the consent of their guardians, and spend money that is inappropriate for their age or intelligence, and the guardian requests that the network service provider return the money, the people's court shall support it. >>>More
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