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向好友发不雅照算违法?新修订的治安管理处罚法解读
Yang Shi Xin Wen· 2025-12-23 23:28
多位法律人士公开表示,"向好友发不雅照片算违法"属于误读,它既不是《中华人民共和国治安管理处 罚法》的新增内容,也不是未来的执法重点领域。误读缘何而起?新修订的《中华人民共和国治安管理 处罚法》究竟新在哪儿? 新修订的《中华人民共和国治安管理处罚法》第八十条第一款规定:制作、运输、复制、出售、出租淫 秽的书刊、图片、影片、音像制品等淫秽物品或者利用信息网络、电话以及其他通信工具传播淫秽信息 的,处十日以上十五日以下拘留,可以并处五千元以下罚款;情节较轻的,处五日以下拘留或者一千元 以上三千元以下罚款。 阮齐林补充,《中华人民共和国治安管理处罚法》主要处罚那些破坏社会治安秩序、但尚不构成犯罪的 行为,以"小刑法"角色形成处罚梯度;与之衔接的,则是《中华人民共和国刑法》明确规定了"传播淫 秽物品牟利罪"和"传播淫秽物品罪"。而回到引发此轮争论的新修订的《中华人民共和国治安管理处罚 法》第八十条,阮齐林表示,它更值得关注的是,在现行《中华人民共和国治安管理处罚法》第六十八 条的基础上增加了第二款要求:前款规定的淫秽物品或者淫秽信息中涉及未成年人的,从重处罚。 2026年1月1日起,新修订的《中华人民共和国治安管理处 ...
北京法院“典型案事例﹢23条指引”回应网络监护难题
Ren Min Wang· 2025-05-31 00:50
Group 1 - The core viewpoint of the news is the increasing need for online judicial protection for minors in Beijing, highlighted by the rising number of civil disputes related to online activities and the diverse methods of criminal offenses [1][2] - The Beijing Internet Court has resolved nearly 700 cases related to minors' gaming recharge and live streaming refund disputes over the past three years, with the highest single case amounting to 3.1 million yuan and an average case amount exceeding 80,000 yuan [1] - The Beijing High Court has established the first online family education guidance platform in the country, issuing over 300 family education responsibility notices and guidance orders to guardians who fail to effectively supervise their minors' online behavior [1] Group 2 - The newly released guidelines focus on enhancing parents' ability to manage their children's online activities, addressing issues such as preventing harmful information, responding to cyberbullying, and handling irrational consumption [2] - The guidelines include 23 specific recommendations and will be distributed through various channels, including the "Shouhu Future" platform, case hearings, and court open days, to assist parents in improving their online monitoring capabilities [2]
未成年人充值打赏“大额化”,北京互联网法院3年结案近七百件
第一财经· 2025-05-28 13:36
Core Viewpoint - The article highlights the increasing trend of underage individuals engaging in high-value online transactions, particularly in gaming and live streaming, raising concerns about their financial literacy and protection [2][3]. Group 1: Trends in Underage Online Spending - The number of cases related to underage gaming charges and live streaming tips has reached nearly 700, with the highest single case amounting to 3.1 million yuan and an average case value exceeding 80,000 yuan [2]. - There is a notable trend of younger consumers making larger transactions, exemplified by a case where a minor spent over 40,000 yuan in one night for a gaming item and another case where a minor tipped 80,000 yuan during a live stream [2][3]. Group 2: Judicial and Regulatory Responses - The Beijing Internet Court has established itself as the first internet juvenile court in the country, emphasizing the protection of minors in online environments [3]. - The court has introduced guidelines to promote online literacy and family education, focusing on preventing irrational spending among minors and encouraging responsible financial behavior [3][4]. Group 3: Practical Recommendations for Families - Families are advised to enhance account security management by safeguarding online accounts and payment passwords, regularly checking account activity, and utilizing "minor mode" features to set spending limits [3]. - Establishing family rules regarding internet usage is recommended, including creating a "family internet agreement" that outlines daily online time, content access, and device usage rules, along with a reward and punishment system to encourage compliance [3][4]. - Encouraging children to understand the value of money through practical experiences, such as using cash and participating in family budgeting discussions, is also suggested [4].
北京高院发布典型案例,未成年人花出去的这些钱可以要回来
Xin Jing Bao· 2025-05-28 09:47
Group 1 - The Beijing High People's Court released typical cases of judicial protection for minors online, focusing on network service contract disputes as Children's Day approaches [1] Group 2 - In the case of "Zhang Xiaomou vs. a gaming company," a minor used their mother's phone to download a game and charged over 100,000 yuan, but the gaming company failed to properly implement a real-name authentication mechanism for minors, leading to the court ruling the contract invalid and ordering a partial refund [2] - The court determined that the minor's large recharge behavior was inappropriate for their age and mental capacity, and the gaming company was found to have significant fault for not strictly enforcing the real-name registration for minor users [2] Group 3 - In the case of "Liu Xiaomou vs. a network technology company," a minor accessed a comic reading platform without parental knowledge, incurring charges of over 1,400 yuan for reading inappropriate content, leading to the court ruling the contract invalid and ordering a full refund [3] - The court emphasized the need to protect minors by ensuring that the content provided does not violate public order and morals, highlighting the negative impact of inappropriate content on minors' mental health and values [3]
未成年人充值打赏“大额化”,北京互联网法院3年结案近七百件
Di Yi Cai Jing· 2025-05-28 05:53
Core Viewpoint - The trend of underage consumers engaging in high-value transactions, particularly in gaming and live streaming, is increasingly concerning, with a significant rise in related legal cases [2][3] Group 1: Trends in Underage Spending - There is a noticeable trend of younger consumers making large payments, with cases involving refunds for underage gaming and live streaming payments reaching nearly 700, with the highest single case amounting to 3.1 million yuan and an average case value exceeding 80,000 yuan [2] - Specific examples highlight the severity of the issue, such as one case where a minor spent over 40,000 yuan in one night for a game item, and another where a minor tipped 80,000 yuan during a live stream due to misleading promotions [2] Group 2: Legal and Institutional Responses - The Beijing Internet Court, as the first internet juvenile court in China, emphasizes the protection of minors in online environments and has developed guidelines to address irrational spending among minors [3] - Recommendations include enhancing account security management, establishing family rules for internet use, and promoting financial literacy among children to foster responsible spending habits [3]