未成年人网络直播打赏合同问题研究

Research on the Contractual Issues of Minors’ Tipping in Live Streaming

摘要: 在数字经济快速发展的背景下，网络直播已成为未成年人重要的线上娱乐方式。然而，未成年人巨额打赏引发的合同纠纷频发，司法实践中对打赏合同的法律性质、效力认定、返还规则等问题存在较大分歧。未成年人网络直播打赏合同应认定为兼具服务对价性与赠与性的混合网络服务合同；其效力应区分无民事行为能力与限制民事行为能力分别判断；“与年龄、智力相适应”的判断需综合多重因素；合同无效或不生效后，应依据不当得利返还规则处理，并合理划分监护人、平台、主播的过错责任。

Abstract: Against the backdrop of the rapid development of the digital economy, live streaming has become an important online form of entertainment for minors. However, contract disputes arising from minors’ excessive tipping occur frequently, and there are significant disagreements in judicial practice regarding the legal nature, validity determination, and refund rules of tipping contracts. The tipping contract for minors in live streaming should be recognized as a hybrid online service contract that combines both consideration for services and donative intent. Its validity should be determined separately for persons without civil capacity and those with limited civil capacity. The determination of “compatible with age and intelligence” requires a comprehensive consideration of multiple factors. Where a contract is invalid or takes no effect, the rules of unjust enrichment should apply, and the fault liability of guardians, platforms, and streamers should be reasonably allocated.