Highness Biluo Qiao, a famous anchor with fifty thousand fans on ‘douyu’ platform who is famous for her sweet voice and the lovely loli image, is the idol lady of many network otaku. She never showed up in the live broadcast but in a live broadcast accident on 29th , she accidentally exposed her real appearance of a 58 year old grandma which it turned the direct broadcasting room into a big crash site for netizens, as a result, this event is called epic live broadcast accident.
The news of "loli became grandma" exploded all the big medias which the idol lady collapsed instantly in the hearts of the fans. One of Biluo Qiao’s big fan who had gave her tens of thousands of gifts deleted his account directly and other fans were also crying for no tears because of losing both goddness and money. Netizens yelled ‘return my hard-earned money back’, ‘pay for my mental loss’ and ‘this is a naked fraud’, Business network even launched a poll as a result.
Through this vote, about the voted people, we can see about 16% of them had rewarded anchors and about 34% thought that live broadcastings were the scenes of fraud. Highness Biluo Qiao became a grandma which had broke the netizens’ hearts. What would happen to her with owning this affection debt? Below, let’s follow the rhythm of netizens to discuss ~
Net friend A:
Pain for my hard-saved 156 yuan breakfast money, sent her all.
Net friend B:
Want to assue her but you can’t. about his fraud, you can't tell him. Pity the big fan for a minute.
We can see there were 87000 people had rewarded the anchors within the voted people, like Biluo Qiao in this case had received a lot of rewards, high reward as more than 100,000 yuan from her top fan, low reward as net friend A’ s 156 yuan, so is it really like what net friend B said, they couldn’t get the money back anymore?
Not sure!
In September 2018, the Harbin intermediate people's court made a judgment of the second instance on a live broadcasting reward case which the court upheld the original judgment, Identified that the reward giver Yu's behavious was giving a free gift to the anchor and the legal relationship between him and the anchor was a gift contract. In connection with this case and referring to the legal precedent, it can be known that between the fans and the rewarded Biluo Qiao is also a gift contract relationship, from which we can realize a contract naturally applies to the relevant provisions of the Contract Law on cancellation right. Article 54 of the Contract Law states that if one party fraudulently causes the other party to enter into a contract against his or her true intention, the injured party has the right to request the people's court or arbitration institution to change or cancel it.
So, does Biluo Qiao constitute fraud? My point is: Yes!
After the incident, Biluo Qiao said that she had never admitted that the beauty in her dynamic photos was herself, people misunderstood was not her business. Many netizens also agreed with her and thik that was not a fraud but in fact it is wrong to think so. Biluo Qiao always calls her fans ‘brother’ and sends embezzled photos of beauty repeatedly which she deliberately creates a false image of a little loli to let netizens make donations which are under the wrong judgments of she was the young and beautiful little loli in the photo. Therefore, I think Biluo Qiao is absolutely a fraud. So, that net friend A, don’t crouch in the corner of the wall and weep up anymore, you can apply to the court for revoking the 156 yuan breakfast fee you gave to Biluo Qiao for fraud within one year from July 30.
The next question is from net friend C:
He deleted his account, how badly was he hurt? He's supposed to see a psychiatrist.
Just like what C said, many netizens joked, ‘what if you give my money back? My heart is dead’. So the question comes, can netizens apply for mental damages because of ‘my heart is dead’? I clearly tells you: No, because only when the right to personality is violated can we apply for compensation for mental damage, love the wrong person can only cry alone. Go out and turn right, next question thank you~
Net friend D:
This is a fraud and the evidence is conclusive but nobody cares.
Does Biluo Qiao constitute a fraud? Ahem this is a very serious question. Almost all netizens called her ‘cheating’, but few would say that she had committed the crime of fraud in the Criminal Law for which people think that Biluo Qiao is just a fake that more serious than other anchors and the rewards are also the personal intention of the reward givers after all. In this regard, I hold different view that nothing can be accomplished without norms or standards and everything must have a limit, what ever you done beyond the bottom line of the law, you should be ready to assume legal responsibility.
The crime of fraud stipulated in the Criminal Law refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. The constitutive elements of this crime are as follows four: firstly, the actor commits a fraud; secondly, the victim has a wrong understanding; thirdly, the victim disposes of property after falling into the wrong understanding; finally, the actor gains profits while the victim's property suffers losses. In addition, to constitute a crime of fraud, the actor also needs to have the purpose of illegal possession.
In the ‘Integration of Judicial Views of the Supreme People's Court, Criminal Volume II’, Supreme Court grand justices Jinghong Gao and Wanming Yang made a detailed analysis of ‘illegal possession as the purpose’ in which they believed that a comprehensive judgment should be made in the light of the actor's subjective qualification, performance, disposition of property obtained and attitude afterwards, etc.. Let's start with two similar cases.
In 2018, the district court tried a case: Niu, the defendant on WeChat added three victims as friends and use beauty photos as his head portrait which make the victims mistakenly assume that he is a beautiful female. Later he swindled three victims for a total of 9000 yuan on various grounds such as pocket money and showing off in Wechat moment. The court believed that he had the purpose of illegal possession and pretended to be female identity to diddle property which had constituted the crime of fraud;
Coincidentally, in 2016, a woman in Fangcheng district made use of the "812" explosion accident to form her own image of a poor girl whose father was killed and mother had died. After that, she deliberately opened up the function of giving reward in Weibo and released the message of ‘the death of father’ and soms encouraging long weibo fot which netizens were attracted and moved to reward. By this way she made an illegal profit of over 90 thousand yuan and finally the local court found that the defendant was guilty of fraud for the purpose of illegal possession and cheating netizens into giving rewards by publishing false microblog contents.
Above two cases are all criminals for the purpose of profit, invented a gorgeous or poor image which attracts the victim to dispose of his property or consent or spontaneously. In Biluo Qiao’s case, she had the purpose of getting reward from the beginning, in order to get more attention and appreciation she had created a false image of a beautiful girl, then she constantly asks for rewards from netizens in the process of live broadcasting, the money she earned by cheating was used for personal expenses. It can be seen that she had the subjective intention to take possession of the property before she cheated the netizens’ property and had no intention of returning it back after cheating. As a result, I believes that Biluo Qiao has the purpose of illegal possession and her behavior has been suspected of fraud, according to the existing information on the Internet her fraud amount has reached the guangdong province fraud amount of a huge 100,000 yuan standard. Of course, this is just my own opinion, whether or not she will be prosecuted and convicted, should also comprehensive subjective malignant, social harm and other factors to considerand determined by our public security department.
some friends may be confused here, I just talked about the civil fraud of Biluo Qiao, now I told you Biluo Qiao’s criminal fraud, so what’s the meaning?
Let me tell you: no conflict!
Civil law and criminal law are two different categories. If Biluo Qiao violates two different branch laws, she may need to bear different legal consequences at the same time. As for the cross between the civil and criminal cases of fraud, the Guangdong Provincial High Court issued a ‘solution to the difficult legal issues in the civil and commercial trial practice’ from which the solution is: if the fraudulent person makes a contract with the victim by the means of fraud or coercion which the contract is in violation of victim’s true meaning and the contract does not involve any damage to the interests of the state, at this situation, if the victim doesn't know other part is engaged in the fraud crime and haven’t involved in the fraud crime, as the damaged party of the contract, the victim shall have the rights to request the people's court or the arbitration institution to change or cancel the contract. That is to say, Biluo Qiao's criminal fraud liability and reward revocation right based on the civil fraud are not conflict!
Bi luo Qiao’s case is not infrequent. In recent years, with the rapid development of the live broadcast industry, traffic has come and gone fastly, the anchors for the sake of catch public’s eyes almost make themselves ‘whatever appearance you like, I would have’. Many ‘goddesses’ rose overnight but also happened a variety of ironic things such as ‘internet celebrity anchor dead On Arrival’, ‘anchor eat centipede lead to death’, etc.. Fans are also ‘unyielding’, throw money to reward! Not enough? Sell the house! Misappropriation of empty funds! Still not enough? Forty thousand dollars to sell my daughter!
Live broadcasting of ‘rewarding economy’ seems to be prosperous, but in fact there is a lot of chaos behind it which some actions not only touch the moral bottom line but also violate the criminal law charges. It is imperative to manage the live webcast, however, it may be impossible to build a healthy and positive network environment overnight, what we need is all parties to work together to protect it.
First of all, the anchors should regulate their own behaviors which means that you can attract fans by showing your charisma and eighteen martial arts but sure to master the scale, put an end to vulgar evil fun, refused to break the law;
Secondly, the live broadcasting platform should shoulder the responsibility of management, consciously abide by the ‘Regulations on the Management of Internet Live Broadcasting Service’ issued by the National Network Information Office and the ‘Measures for the Management of Network Performance Operations’ issued by the Ministry of Culture, resolutely implement such powerful measures as ‘real-name registration of anchors’ and ‘blacklist system’; Correspondingly, relevant government departments also need to strengthen the supervision of the network environment and call on, guide and supervise the implementation of management functions of the network platform.
Finally, the majority of netizens as the one giving rewards, as long as you use your own money within the scope of the ability to reward, you are willing to eat instant noodles, eat steamed bread, drink pure water to save money to buy the anchor a ferrari are all no problem, but we can not do illegal criminal things such as stealing electric cars, embezzling, stealing your parents'money, those are all not be allowed! Married men want to spend big bucks? Alright, as long as you bring your wife!
At the end of the article, I would like to warn you that road maybe thousand, but security at first, tips on irregularly, lead to relatives weepily. If your idol lady deceives you, do not grieve or cry, the law will still protect you.
