People’s Daily Online, Beijing, May 27 (Reporter Liu Rong) More than 10 years ago, Ma Panyan’s three sisters in Shuanglong Town, Wushan County, Chongqing were sold as "child brides" by their guardians, and they failed to escape many times and gave birth to their children one after another. In 2016, Ma Panyan, who was only 28 years old but had a 14-year-old daughter, sued for divorce and hoped to investigate the legal responsibility of the "husband" for raping himself when he was a young girl, but was told by the police station that the case had passed the prosecution period.

　　The matter was reported by the Beijing media and quickly attracted public attention. Whether Ma Panyan’s marriage is legal or not, can the problem of "husband" or even "child bride" be solved within the existing legal framework? Some lawyers told reporters that this report was forwarded to the peer group in the industry early yesterday morning and caused a lot of discussion.

　　Fact: 12Married at the age of 14.The birth of a child at the age of 18 is not accepted by the police station as a marital matter.

　　According to current reports, in 2000, only 12-year-old Ma Panyan was "married" to 29-year-old Chen student by her then guardian and great uncle Ma Zhengsong. Ma Panyan said that Ma Zhengsong got 3,000 yuan in alimony in this transaction, while her husband’s family said that she gave 7,000 yuan and 500 kilograms of rice, but both sides had no objection to the fact that the marriage had property exchange.

　　After the "marriage" passed, Ma Panyan was forced to have sex with Chen students and was beaten. She went to the Shuanglong Town Police Station to report the case, but the police station learned from Ma Zhengsong that she had married the Chen family and thought that the matter was a family dispute, so it was not accepted.

　　Lawyer’s opinion: The police involved are suspected of dereliction of duty.

　　Xu Xilong, a criminal law expert and lawyer, believes that according to Article 236 of the current criminal law, no matter what reason you have sex with a "child bride" under the age of 14, you will be severely punished for rape. Ma Panyan was only 12 years old in 2000, 17 years older than her. Chen Mou forced her to have sex with her and was suspected of rape. When Ma Panyan reported to the police station for help, she was sent out, so this was a "family dispute".

　　"In judicial practice, even ‘ Marital rape ’ Some were sentenced, not to mention that Ma Yanyan was just a young girl who needed special protection at that time? " He pointed out.

　　Professor Zhang Jianwei, vice president of Tsinghua University Law School, holds a similar view. He thinks that the public security organs should start the procedure of accountability, and pursue the responsibility of those who should have filed a case at the beginning but did not file a case, thus causing the victims to continue to suffer.

　　Fact: I hope to rebuild my family, but I find myself "married"

　　Ma Panyan, who returned to her "home" because she failed to report the case, was repeatedly beaten and placed under house arrest. She failed to escape three times in a row and gave birth to a daughter and a son in 2002 and 2007 respectively. It was not until the fourth escape in 2008 that she regained her freedom because she had given birth to her son and was considered by her husband’s family to "complete the task" and no longer forcibly recovered it.

　　Ma Panyan, who hopes to re-establish her family, discovered in 2011 that her original de facto marriage did not know when she became a legal title: the file shows that she registered marriage with her "husband" Chen student at the age of 20 in 2008, but she said that she had never gone through any formalities or signed any documents.

　　On May 4, 2016, Ma Panyan formally filed a lawsuit in Wushan County People’s Court, asking the court to decide that she divorced Chen.

　　Expert opinion: should we choose divorce or advocate the invalidation of marriage? at variance

　　Professor Zhang Jianwei believes that this kind of "marriage" does not meet the conditions of legal marriage, and Ma Panyan should directly claim that the marriage is invalid to the civil affairs department. Xu Xilong also believes that the relevant departments should thoroughly investigate the responsible person and cancel this illegal marriage registration procedure, but for children born out of wedlock, Ma Panyan still has the legal obligation to support them.

　　Yang Xiaolin, a partner of Tianchi Hongfan Law Firm and a lawyer specializing in marriage and family law, believes from the operational level that Ma Panyan should still go through the divorce procedure: "In the practice of marriage law, the revocable marriage is usually only when the abducted woman is coerced into marriage, and then she returns home after being rescued by the public security organ, and proposes to cancel it within one year."

　　He pointed out that the defects in the marriage registration procedure in practice are quite common, and it is difficult to claim that the marriage is invalid. In particular, Ma Panyan found out that she was "married" a few years ago, but did not immediately propose to cancel it. If she enters the administrative reconsideration or judicial procedure, this may be regarded as an approval of the marriage facts. "It is difficult to win by suing the original marriage registration authority."

　　Fact: 16Rape was prosecuted again years later, and the police said that the statute of limitations had expired.

　　After many years of wandering and working outside, Ma Panyan was helped by social workers and reunited with her long-lost mother, determined to face her unresolved problems again.

　　On May 4, 2016, she reported the case to the Shuanglong Town Police Station again, accusing Chen students of forcibly having sex with them when they were underage, which was a rape of a young girl. However, the police at the police station told her that the maximum prosecution period for rape is only 10 years. Ma Yanyan is 28 years old this year and should have exceeded the prosecution period, so she will not file a case.

　　Lawyer’s opinion: The limitation of action is not calculated in this way.

　　On this issue, several legal experts hold almost identical positions: Ma Panyan’s case has not passed the prosecution period.

　　"Paragraph 2 of Article 88 of the Criminal Law stipulates that if the victim files a complaint within the time limit for prosecution, the people’s court, the people’s procuratorate and the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution. The report filed by Ma Yanyan in 2000 was exactly the case that the public security organ did not file a case when filing a case, and it was not limited by the time limit for prosecution according to law. " Xu Xilong said.

　　He also cited the first paragraph of Article 89 of the next Criminal Law, arguing that Ma Panyan’s state of coercion and infringement by her "husband" continued in the following years, and the statute of limitations for persistent crimes began from the date of the end of the crime.

　　Professor Zhang Jianwei believes that Ma Panyan was a minor when she was infringed, and her personal freedom was deprived for a long time, so she could not exercise her litigation rights by herself. Therefore, when calculating the limitation of action, the period when she could not exercise her rights should be deducted reasonably.

　　Xu Xilong further pointed out that when Ma Panyan’s uncle "married" Ma’s three sisters, they all got money from each other, and they were suspected of illegally profiting from it. They were suspected of abducting and selling women and children and should be held accountable.

　　CCTV News:Bozhou, Anhui has a wide planting area and many varieties of Chinese herbal medicines. Among them, a considerable part can be used as raw materials for scented tea, and the development of scented tea industry has unique advantages. In recent years, through the establishment of big data analysis, Bozhou provides accurate guidance and decision support for farmers’ drug farmers’ planting and drug dealers’ procurement, and realizes "one-stop" of production and sales.

　　At present, the scented tea in Bozhou, Anhui Province has entered the peak season of sales, and growers are sorting, slicing and drying raw materials. In the past, growers could not grasp the information about what varieties they chose to plant and how they sold, which often led to poor sales or no price for the scented tea they planted.

　　In view of this situation, the local government actively develops the online economic model, monitors, counts and analyzes the online retail data of more than 70 e-commerce platforms through the new infrastructure system of Bozhou city brain, adjusts the sales layout according to local conditions, and promotes the effective connection between production, circulation and consumption.

　　At present, the scented tea industry in Bozhou has driven more than 80,000 people to work, and the average income of scented tea growers has reached more than 1000 yuan.

　　Comics from Xinhua News Agency

　　(Reporter Zhao Liuying text/map) With the rise and development of the webcast platform, the events of "Xiong Haizi" spending huge sums of money to reward anchors frequently occur, and the amount of rewards ranges from tens of thousands to hundreds of thousands.

　　Ms. Chen, a citizen engaged in the clothing business, has recently encountered such "troubles". Since September last year, Han Han, an 11-year-old daughter, has frequently recharged and rewarded the live broadcast platform in the United States, spending a total of more than 70,000 yuan.

　　Primary school girls reward network anchors for more than 70 thousand yuan

　　"I didn’t expect that she would spend so much money on the live broadcast platform, which I don’t understand." Ms. Chen said that her daughter is usually very sensible and studies well, and she is also the monitor of the class.

　　Since last year, Ms. Chen has found that her daughter always plays mobile phones and has been educated several times, but she has not taken it to heart. "Now children like to play mobile phones, and they think that their daughters are also very obedient at ordinary times. They have not done anything out of the ordinary, so it is no harm to play during the holidays."

　　However, just during the holiday, the webcast platform "took advantage of it". Han Han registered a Meipai account with his own QQ number, without real-name authentication, and registered with his own mobile phone number and authenticated his identity.

　　The reporter inquired about the reward record of Han Han in the beauty auction. The account bound by QQ number was rewarded with a total of 14,806 yuan, and the account bound by mobile phone number was rewarded with a total of 61,988 yuan. Reward records are mostly concentrated in the evening, especially during holidays.

　　"The amount of rewards on weekdays is relatively small, mostly 30 to 50 yuan. The large amount of rewards is mainly concentrated in holidays. In October last year alone, more than a dozen 1888 yuan were rewarded, including three 1888 yuan on October 8, and the reward amount in October was nearly 30,000 yuan." Ms. Chen said that in addition, in February and May this year, there were also a large number of rewards.

　　"When I usually use WeChat to pay, my daughter is beside me, and I didn’t deliberately avoid it. It is estimated that my daughter secretly wrote down the payment password." Ms. Chen said that in addition to the usual pocket money, there is no large amount of cash in her daughter’s WeChat account, and the money for rewarding the anchor is that her daughter steals her mobile phone and makes red packets and transfers on WeChat.

　　Ms. Chen said that when doing business, many customers will put money into their WeChat accounts, and they will also use it on weekdays. In addition, her daughter has deleted the record of red envelopes and transfers, so for a long time, Ms. Chen did not find it. At present, Ms. Chen hopes that Mei Pai can refund her daughter’s reward.

　　Live broadcast platform: only when the user is a minor can the money be refunded.

　　So, what is the response of the US film to this matter? The reporter contacted Xiamen Meitu Net Technology Co., Ltd., a subsidiary of Meipai, for the first time.

　　"At present, this matter is under investigation. First, we have to confirm whether the user is really a minor, and then we can refund the reward." Zhang Kai, the marketing department of Meitu, said that it takes evidence to confirm the identity of minors and time to communicate with users. As long as the evidence is perfect, you can get a refund.

　　It is reported that one of Hanhan’s Meipai accounts has been authenticated, and the ID number entered can confirm his minor status; Most of the other accounts use WeChat payment for rewards, and WeChat payment has been authenticated by real name. Can it be confirmed that Han Han is a minor?

　　Zhang Wei said that WeChat’s real-name authentication, they can’t see the background data, but also need to check the user’s usual records and live content on the platform to confirm whether the US pat account and the payment account are the same person and both are minors.

　　Prove that "rewarding people" is a difficult problem for minors to protect their rights.

　　It is understood that to enter the live broadcast platform of the United States, you only need to enter the mobile phone number, or bind the micro signal and QQ number to enter, and you don’t need real-name authentication, so minors are not restricted to register. Then, how to manage the platform for blind consumption of minors?

　　Zhang Kai said that when giving a gift to the anchor for consumption, he will jump to a recharge page. At the top of the page, he will be prompted whether it is a guardian companion mode. Once this mode is selected, he will not be able to provide a recharge service.

　　However, although the platform has set this restriction, it is not a rigid requirement. For many minors, the guardian companionship mode will not be actively turned on, and the behavior of recharging and rewarding can still be carried out.

　　With the popularity of live broadcast platforms, it frequently happens that minors spend huge sums of money to reward anchors all over the country. Faced with this problem, almost all live broadcast platforms will require proof that users are minors when rewarding anchors. However, how to prove it? This has also become a major problem for parents of minors to defend their rights and recover rewards.

　　Lawyer: Civil acts beyond the capacity of minors are invalid.

　　In recent years, with the rapid development of webcasting platform, the problem of lack of supervision has been frequently exposed, which is not only the hardest hit area for the spread of obscene articles, but also the lack of defense lines for minors, which leads to the addiction of minors to live broadcasting platform, and frequent incidents of rewarding anchors with huge sums of money.

　　"Minors have poor self-control ability, and many behaviors need to be under the supervision of parents. Even if they voluntarily reward the anchor, this behavior of minors is invalid." Mr. Chu, a lawyer in Zhengzhou, said that according to Chinese laws, a minor over 10 years old but under 18 years old is a person with limited capacity for civil conduct, and can engage in civil activities appropriate to his age and intelligence. Other civil activities are represented by his legal representative or with the consent of his legal representative. If the capacity is exceeded, the civil act is invalid unless the parents ratify it.

　　Indeed, minors are unable to dispose of large amounts of property. On the one hand, parents should take good care of their children, on the other hand, the webcast platform should be gradually improved. "The next step for the regulatory authorities should focus on whether some network anchors have induced users, especially minors." Mr. Chu said that the webcast platform should gradually improve the risk warning and fulfill the obligation of auditing and verifying identity.

　　In addition, some insiders believe that with the popularity of mobile Internet, payment methods have become faster. Parents should also strengthen safety precautions for their children to play mobile phones and guide their children to develop healthy and positive Internet usage habits.