未成年人网络直播充值打赏法律问题研究
Research on Legal Issues Related to Online Live Streaming of Minors to Recharge and Reward

网络直播是互联网经济发展的重要赛道，同时也频频发生未成年人高额充值打赏的乱象。从行为法律性质看，充值行为属于未成年人与直播平台签订的买卖合同；打赏行为是未成年人对主播个人的赠与。认定行为的法律效力首先应从账号信息、打赏情况及互动风格等方面对交易方做形式判断，若无法判断是未成年人则依据《电子商务法》第48条推定合同有效，若有相反证据则由未成年人一方依据《民法典》第145条举证行为方不具有相应民事行为能力。行为被认定无效或撤销后应各自返还财产，并根据过错承担损害赔偿责任。
Online live streaming is an important track for the development of the Internet economy, and at the same time, there are frequent chaos of minors recharging and rewarding with high amounts. From the perspective of the legal nature of the act, the top-up behavior belongs to the sales contract signed between the minor and the live broadcast platform; tipping is a gift from a minor to an anchor. The legal effect of the determination of the act should first be judged from the account information, tipping situation, and interactive style. If it cannot be judged that the party is a minor, the contract is presumed to be valid in accordance with Article 48 of the E-Commerce Law, and if there is evidence to the contrary, the minor party shall provide evidence in accordance with Article 145 of the Civil Code that the party does not have the corresponding capacity for civil conduct. After the act is found to be invalid or revoked, the property shall be returned to each of them and the liability for damages shall be borne according to the fault.