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Will the gifts given on Douyin PK be returned?

| 3Person Answer

这要看情况。

1、成年人打赏主播的钱是要不回来的。

成年人(在这以法律认定的16岁以上具有完全民事行为能力为标准)具有完全民事行为能力,能对自己的行为作出预判,因此成年人打赏主播的钱是一种自愿行为,所以是收不回的,就算你是拿着父母的血汗钱去打赏,现在后悔了想要回来,对不起,法律目前暂时不支持。所以自己承担后果。

2、未满16岁的人打赏主播的钱是可以拿回的

目前未成年人花钱打赏主播屡见不鲜。在民法上,这种网络空间的“打赏”,可以视为一种赠予行为。如果这些未成年人打赏主播的金额较大,其行为可视作超过自己的认知,可以通过法律做无效认定。监护人可以跟平台协商要求平台退回,如果协商不成可以委托律师起诉到法院,要求平台退回。

Professional answer

L

电商日记

系互联网项目运营者、设计师、企划人、TMT爱好者,曾参与多个新锐互联网项目开发与运营。

It depends on the situation.

1. The money given by adults to the anchors cannot be returned.

Adults (here, the legal standard for those over 16 years old with full civil capacity) have full civil capacity and can make predictions about their own behavior. Therefore, the money given by adults to the anchors is a voluntary act, so it cannot be taken back. Even if you use your parents' hard-earned money to give rewards, and now you regret it and want to get it back, I'm sorry, the law does not support it for the time being. So you bear the consequences yourself.

2. The money given by people under the age of 16 to the anchors can be taken back

It is common for minors to spend money to reward anchors. In civil law, this kind of "reward" in cyberspace can be regarded as a gift. If the amount of money given by these minors to the anchors is large, their behavior can be regarded as exceeding their own cognition and can be invalidated by law. The guardian can negotiate with the platform to ask the platform to return the money. If the negotiation fails, the guardian can entrust a lawyer to sue the court and ask the platform to return the money.

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If an adult gives gifts to anchors on Douyin, then it will not be returned in this case, unless you negotiate with the anchor to see if the anchor is willing to return it to you. In addition, there is a chance to return the recharged money, but the conditions are limited. Douyin has clearly stipulated that minors are not allowed to recharge and reward. For rewards from minors without the permission of their guardians, a full refund will be given once verified, so users can praise that when you open the Douyin app for a day, you can set the youth mode. This mode cannot be used for recharge and reward. If a child recharges without the permission of his or her guardian, don't worry, it can be refunded.

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It will not be returned, but sometimes it will be returned to the big brother

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