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赃款打赏的钱,主播要不要退?业界释疑直播打赏法律争议
Di Yi Cai Jing· 2025-09-10 10:29
Group 1 - The core issue revolves around the legal nature of tipping in live streaming, whether it is considered a gift or a consumption behavior [2][4] - The majority of courts currently support the view that tipping is a consumption behavior, establishing a service contract relationship between users and platforms, as well as between users and streamers [2][3] - There are differing opinions on whether the amount of the tip affects its legal nature, with some experts suggesting that high amounts should be analyzed for reasonable and unreasonable portions [3] Group 2 - The discussion on whether platforms and streamers should be liable for the recovery of illicit funds hinges on the classification of tipping as either a gift or a consumption behavior [4][6] - The principle of "good faith acquisition" is emphasized, suggesting that platforms and streamers should not be penalized for receiving tips if they were unaware of the funds' illicit nature [4][5] - In cases where one spouse uses joint property for tipping without consent, the legal rights of the other spouse must be balanced against the rights of the platform and streamer [5][6] Group 3 - The amounts involved in illicit tipping cases can be substantial, with reported maximum amounts reaching 23 million yuan and median amounts at 277,000 yuan, which can significantly impact the cash flow and operations of platforms and streamers [8] - Platforms express concerns about their rights to participate in legal proceedings, often being named as obligors without having a say in the litigation process [8][9] - There is a call for systemic reform in the handling of seized assets in criminal cases to ensure the rights of third parties, such as platforms, are protected [9]
上海市民卖黄金,被河南警方划扣8万元!驱车前往当地,终于获知真相
Sou Hu Cai Jing· 2025-08-06 13:41
Core Viewpoint - The incident involving Mr. Chen highlights the risks associated with online transactions of valuable items like gold, where legitimate sellers can inadvertently become entangled in fraud cases due to the actions of buyers who are actually scammers [10][12]. Group 1: Incident Overview - Mr. Chen sold 106.45 grams of gold for a total of 83,400 yuan, with 80,000 yuan deposited into his bank account and 3,400 yuan via Alipay [3][5]. - Following the transaction, Mr. Chen's bank account was frozen by the police in Henan, as it was linked to a reported fraud case involving a 12-year-old victim who had been scammed out of 399,000 yuan [10][11]. Group 2: Police Response - The police in Xincai County froze Mr. Chen's account on June 23, 2025, after discovering that the funds transferred to him were part of a scam [10][11]. - After confirming that Mr. Chen was not involved in the fraud, the police released the funds back to him on July 25, 2025, following the legal procedures outlined in the Criminal Procedure Law [11][12]. Group 3: Legal Context - The police's actions were based on the need to freeze assets related to criminal activities, as stipulated in the Criminal Procedure Law [10][11]. - Legal experts argue that Mr. Chen's case falls under the "good faith acquisition" principle, suggesting that he should not be penalized for receiving funds from a legitimate transaction, especially since he was not aware of the fraudulent nature of the buyer [20][21]. Group 4: Public Reaction - The incident has sparked discussions among netizens about the need for more secure transaction methods for high-value items, with suggestions for banks and police to create a platform for verifying the legitimacy of such transactions [22][23]. - Many commenters expressed concern over the risks of private transactions and the potential for legitimate sellers to suffer losses due to fraudulent buyers [24][25].
上海男子卖黄金被河南警方划扣走8万!当地回应,买家口中的老婆竟然是…
Sou Hu Cai Jing· 2025-08-06 10:59
你有买卖黄金的经历吗? 你一般在什么平台交易黄金? 近日,上海市民陈先生 卖出106.45克黄金 却损失了8万元 怎么回事? 据智通财经,上海市民陈先生有买黄金的习惯,从2021年至2024年,他先后购买了黄金手链、手镯、金条等黄金制品。 2025年6月5日,陈先生将上述黄金制品挂在闲鱼上售卖。6月21日晚,闲鱼账号"一朵小江花"联系陈先生,称其想购买陈先生的黄金,共涉及106.45克黄 金,每克价格定为支付宝上的黄金大盘价格,交易金额为83400元整。约定第二天(即6月22日)中午当面交易。"一朵小江花"表示,她要在家带孩子,让 她老公去找陈先生交易。 6月22日,一名男子和陈先生当面进行了交易。陈先生建行账户收款80000元,支付宝收款3400元。 7月22日,陈先生驱车从上海前往新蔡,23日见到民警并咨询案件进展后得知新蔡县警方已经申请了资金划扣。划扣行为发生于2025年7月24日,划扣金额 8万元整。 河南新蔡警方回应 7月31日,新蔡县公安局回应称,经核查,2025年6月23日新蔡县居民翁某瑄(12岁)在其母亲张某平的带领下来到新蔡县公安局反诈中心报警,称翁某瑄 在网上被电信诈骗39.9万元。新蔡县 ...
上海男子卖黄金被河南警方划扣走8万!当地回应,买家口中的老婆竟然是……
Sou Hu Cai Jing· 2025-08-06 07:13
Core Viewpoint - The article discusses a case of a Shanghai citizen, Mr. Chen, who sold 106.45 grams of gold but ended up losing 80,000 yuan due to a fraudulent transaction that led to his bank account being frozen [1][10]. Group 1: Transaction Details - Mr. Chen sold 106.45 grams of gold at a price of 83,400 yuan, with the payment split between his bank account (80,000 yuan) and Alipay (3,400 yuan) [3][5]. - The transaction took place on June 22, 2025, with a buyer who claimed to be purchasing the gold for their spouse [3][5]. Group 2: Police Involvement - Following the transaction, Mr. Chen's bank account was frozen on the same night, and he reported the incident to the police the next day [5][10]. - The police investigation revealed that the funds transferred to Mr. Chen's account were part of a larger scam involving a 12-year-old victim who had reported being defrauded of 399,000 yuan [10][11]. Group 3: Legal Framework - The police clarified that they froze Mr. Chen's account based on the need to investigate the funds, but later confirmed he was not involved in any criminal activity [10][11]. - According to legal provisions, funds that are clearly identifiable as belonging to a victim should be returned, and Mr. Chen's case was deemed to fit this criterion [11][21]. Group 4: Public Reaction and Advice - Public comments highlighted the need for caution in high-value transactions, suggesting that banks and police should collaborate to create a secure transaction platform [22][23]. - Some commenters expressed sympathy for Mr. Chen, viewing his situation as an unfortunate consequence of being a victim of fraud rather than a perpetrator [24][25].