Original title: why does the risk of playing online female anchors appear frequently? Expert analysis
Newspaper reporter Sun Anqing
To steal money from the Internet bar, change money, cheat good friends money, owe ten thousand yuan debt to night robbing gold shop, misappropriating millions of Yuan public funds...... A shocking case is repeatedly seen in the newspaper. These parties are willing to take the risk of offending the criminal law to please and reward the female anchors. It has become a shadow in the tide of the Internet and a joke. What is the charm of the hostess to make them desperate? What is the deformity of the party? Are there loopholes and defects in laws and regulations? Sigh, recently, "Legal Daily" reporter interviewed experts to explore the reasons behind the risk of playing a female anchor.
Adventure and reward happen again and again
In the morning of January 12th this year, a hotel waitress in Qingdao, Shandong Province, warned Ms. Yin, whose payment software was consumed by another 20 thousand yuan in January 6th, but she never told others the password. Later, Qingdao City North District police arrested the 22 year old suspect Wang Mou. Wang XX said he was fascinated by a bold, ambiguous and irresponsible female anchors on a broadcast platform, watching the live broadcast of the Internet hostess every day and even running to Chongqing to meet the hostess. When he came back, he kept on giving the hostess a gift. Owing to the large cost of gift giving to female anchors, Wang soon spent all his savings. As a result, he took the phone from his colleague's cell phone as a name and took it away. Then he tried the password of Ms. Yin 's Alipay according to the password of the mobile phone, and spent nearly 20 thousand yuan on Alipay.
The king who deceived his friend is a little witch. Last September 2nd, the Huangdao branch of Qingdao Public Security Bureau received an alarm from Liang, which was cheated by a man surnamed Wang in August for the name of pre-sale housing, which was 50 thousand yuan. The police found that Wang was an online fugitive. From May 2014 to December 2016, he lied to the veterans about the retreat, the purchase of affordable housing and the promotion of military officers to the servicemen who were in service. In Anqiu, Weifang, Shandong, more than 100 million yuan were swindled. In September 11th, the police seized Wang. According to Wang's statement, he defrauded other people's money, mainly in order to reward the female anchor in the webcast platform. In the past two years, Wang has spent more than ten million yuan to play the online female anchor, while other money has been squandered by his shopping.
A man in Jimo District of Qingdao city is willing to fight for the anchors. In the evening of December 22, 2016, a masked man broke into a silver building in the Jimo District of crane mountain road, threatened the shop assistant, smashed the glass of the counter and took away the gold jewellery, and fled the scene. After checking, the men robbed 14 gold necklaces and 6 gold bracelets, a total of more than 1200 grams, with a total value of more than 30 yuan. 19 hours later, he was caught by the police, and he went to work in a large Jimo business. He had a 5 year old daughter, earning thousands of yuan a month to support a family. But from the second half of the year, he became addicted to online games, gambling on the Internet often lost his wages. Later, he lost his job at home and became addicted to the chat room. He often played a reward for the beauty anchor in the chat room. Relatives and friends have borrowed all the money. He also seeks help from a small loan company. He has owed 150 thousand yuan in debt. He was unable to pay his debts. He robbed the gold store at night.
"The monthly salary of 2000 yuan, misappropriation of 9 million 300 thousand yuan public funds to play the female anchor" is a detonation of the public opinion circle. Jiangsu Man Wang is a local company with a monthly salary of two thousand yuan accounting, from 2015 to 2017, he adopted cash, cheque transfer and other ways to put the unit's about 9300000 yuan of funds and extravagance. It is unthinkable that the money that Wang has misappropriated from the unit has not been used to improve the living conditions of his family, nor is it used to buy a luxury car, but most of them have been awarded to the Internet hostess. In the afternoon of May 15th this year, the local court sentenced the case to first instance. Wang, a defendant, was sentenced to 7 years' imprisonment for committing embezzlement. Recently, the comments and controversies over the incident were again loud.
Open search engine, all kinds of events that cause crime are everywhere. Reporter in Baidu search "reward female host crime", display 275000 words, search for "misappropriation of public funds to reward female anchors", display 1110000 words, search for "theft and reward female anchors", there are 437000 words.
It is not easy to recover the reward
The reporter learned that the main profit model of the webcast platform is the reward based on the virtual gift, and the fans spend the money to buy the virtual gifts to the host, and the host is divided into the live platform. As a result, a very low threshold for entry has attracted a large influx of grassroots anchors. Without outstanding talents and high quality content, many anchors rely on value and scale to gain attention. Once the speculation is successful, fans can get rich returns.
Although China issued the regulations on the management of Internet direct seeding service in China at the end of 2016, the governing action of the relevant departments on the vulgar content of the webcast platform has also been carried out. However, because of the existence of related interests, in order to attract fans to push up the flow and realize profits, the network anchors are often full of tricks. Some of them are exposed, use behavior and speak, and some rely on vulgar violence to attract eyeballs. Behind it, there are many times when the live broadcasting platform indulge in its own interests.
"Robbery and robbery and misappropriation of public funds to give female anchors, often spend a lot of money on the hostess, but the money is easy to come back difficult, which is also the main reason for the host platform and the hostess repeatedly sucking gold is unscrupulous." Wu Lizhi, an associate professor of the school of grammar, Shandong University of Science and Technology, thinks that the reward of the network of the host is actually a gift of the civil law. It is a voluntary act of both parties, that is to say, there is a consensual agreement between the giver and the recipient, that is, a gift contract is set up, which is effective in the source of the normal reward.
Is it effective to reward illegal offenses? Wu Lizhi believes that the purpose of recovering these property is only through two ways of void or revoked in civil law and sixty-fourth illegal income in criminal law. In civil law, this is definitely not a case of contract invalidation, so the contract can not be cancelled. Although a contract based on major misunderstandings, fraud, coercion, and fair display is a revocable contract, the perpetrator can exercise the right of revocation, but the act of seeding is caused by the inducement of the enticement of the hostess, and the general hostess will only chat with the more rich and rich fans, which makes the perpetrator increase. It is a voluntary act to give a reward to this kind of behavior, which is not a misconception, and the behavior is fully understood and its purpose is relatively clear. The civil law has no specific provisions for such voluntary acts. Therefore, it is impossible to regulate the reward behavior in civil law. Wu Lizhi said.
From the criminal law point of view, the sixty-fourth article of the criminal law stipulates that all the property of the offender's illegal income should be recovered or ordered to be repaid, and the legal property of the victim should be returned in time. Although the criminals extravagance the illegal income, but the award of the source of the property is illegal and unaware of the source of property, money is a kind of thing, not specific, even a view that cash, possession is all. If the perpetrator gives the illegal income to others in other forms, the donee may doubt the source of the property, and the recipient may be sentenced to concealment of the crime. On the webcast, the female anchor is paid by the free gift of the audience, so there is no intention to conceal the proceeds of the crime. "In addition to the recovery of the property that is rewarded for young people, it is difficult to recover the sixty-fourth article based on the criminal law, that is, the possibility of recovering property based on the sixty-fourth article of the criminal law is less. This will lead to a vicious circle. The less likely the recovery is, the more unbridled Internet anchors will entice the audience to continue to reward. Wu Lizhi introduced it.
Fans are satisfied with vanity
There are two reasons for fans to love female anchors: one is the demand for fans' inner feelings and internal culture. With the development of society, people's spiritual life needs are increasingly diverse, and increasingly from passive acceptance to active expression and transformation of bilateral activities. On the network platform, the host and the fans can be unrestrained and free to speak, this kind of unrestrained and unrestrained situation, so that fans can be greatly satisfied with the recognition of others, and even some fans will try or become a host after being inspired and inspired. Yang Bo, director of the Specialized Committee Office of women's health and development of China Mental Health Association, said in an interview with reporters.
Yang Bo said that, moreover, many fans have the mentality of catching stars, but most of the female stars are tall, and the chances of interaction with actresses are almost zero. And some network anchors or versatile, or able to sing or dance, or speak with great grace, quite a female star's demeanour, to a certain extent, the aura of the actress. In addition, the female anchors and fans often interact with the fans, often give the fans a kiss, and even the big fans need to do some indecent actions and even meet in private. "In the presence of" more than the star Pinibi girlfriend's clever "hostess, fans have an unprecedented satisfaction with their vanity, often projecting the feelings of the female stars and a certain opposite sex to the female anchorage, giving special attention and expectation to the female anchorage. Access to equal communication with the anchors. However, it was a debt of debt when I woke up. " Yang Bo said.
The law and morality are both in line
"The rule of law in the left hand, the right of the right hand." Wu Lizhi believes that the best way to put an end to "risk reward" is to improve the system. The first to realize the login real name system, ensure that the audience and the host all realize identity confirmation, only after the login can be rewarded, and in the way of real name system can know whether the perpetrator is adult. Second, establish the limit of the amount of reward and the mechanism that the excess part can be retracted within a certain period of time, and carry out the behavior that the perpetrator reward money after reaching the maximum reward limit, and then give the reward to the network anchor, let the recipient know that the property that is rewarded may be the illegal property, and may be recovered by law. Third, it is forbidden to ask the audience to pay a reward directly through a transfer or a mobile payment outside the platform, and to prohibit the act of entering the real online dating and giving money or gifts in a variety of ways outside the network. Fourth, to establish a webcast blacklist, once the network host has been found to have violated the prohibition of regulations, warning, if repeated, can be added to the blacklist, and the blacklisted host must not live on any live platform. Fifth, to establish a complaint mechanism, once the audience finds that the host has illegal and illegal behavior, it can complain to the network platform and verify it by the network platform. Once it is verified, it should be dealt with according to law. Sixth, live platform and host
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