Source: Rule of Law Daily
In recent years, the stationery blind box has gradually become a new trend for the consumption of primary and secondary school students due to catering the curiosity of minors.After being put into a blind box, some ordinary stationery rose, and became a veritable "assassin".After the impulse to buy stationery blind boxes, the cases requested by parents frequently occurred.Is the consumption behavior of minors buying stationery blind boxes?What should I do if the child encounters a "assassin" in the blockbuster box?
The Chinese Civil Code stipulates that minors over eight years old to restrict the ability of civil behavior to implement civil legal acts or their legal agents or their legal agents' consent and recognition; however, they can independently implement pure benefits.Civil legal behavior or civil legal behavior that is compatible with their age and intelligence.Minors under the age of eight are those with no capacity for civil behavior and shall implement civil legal acts by their legal agents.In practice, although minors over eight years old have certain cognitive ability, due to the limitation of age and intelligence, the ability to judge the outside world and their behavior is relatively weak.Its behavior still requires special protection.Therefore, for minors over eight -year -old, if the goods they buy are exceeded the normal consumption level of minors, it will be deemed to be consumed that they are not adapted to their age and intelligence. If the parents have not been recognized afterwards, they will usually be recognizedFor invalid legal behavior.
and whether the consumption of minors exceeds its normal consumption level, there is currently no clear regulations in law, and there is no specific referee standard in practice.The courts generally refer to family income, the age and actual cognitive ability of minors, and the cost of consumption of pocket money. At the same time, they will also refer to comprehensive judgment of the per capita disposable income of urban residents in the city where the court is located.At the same time, according to the guidelines (trial), the blind box operators shall not sell the blind box to minors under the age of eight.Selling blind box products to the eight -year -old and above minors shall confirm the consent of the relevant guardian in accordance with the law, and it shall prompt that they need to obtain the consent of the relevant guardian in a significant way.
When the behavior of the minor's purchase of blind boxes is found invalid, if the merchant does not lose, the two parties shall fulfill their obligations of the return refund.And if the product has been damaged or affects the secondary sales, and the merchant is facing the loss or depreciation loss of the product, it is necessary to bear the responsibility of the responsibility of the two parties.If the merchant still conducts inconsistent transactions with minors to conduct inconsistent transactions with minors, related losses will be borne by the merchant by themselves.If there are no faults in the merchant, the corresponding losses should be borne by the parents.
The judge of the People's Court of Haidian District, Beijing reminded that parents should strengthen their duties of monitoring of minors, guide minors to establish a correct outlook on consumption, and develop good consumption habits;For blind box behaviors, pay attention to retain consumption records, ask for consumption vouchers, etc., so as to be evidence when litigation protection is required.Merchants should abide by laws and regulations to strengthen management, and do their best to pay attention to the obligation of care.
