A Patient With Mental Disorder Gave A Live Streamer 1.65

New Yellow River reporter: Guo Jigang

A patient with mental disorder gave a live streamer 1.65 million yuan in crazy rewards. How should the responsibility be defined? On March 16, the New Yellow River client reported the story of a patient with bipolar disorder, Yuan Weizhi (pseudonym), who gave a 1.65 million yuan reward on the Momo platform under the title "A patient with mental disorder, lost in Momo live broadcast", which attracted widespread attention from netizens. On March 17, Momo responded to the New Yellow River reporter that Momo "attached great importance" to the matter and would actively cooperate in promoting relevant procedures. Whether the patient had civil capacity at the time of the reward also became the main point of disagreement between Momo and the patient's family.

Momo responded that it "attaches great importance" and the patient's family said "no one contacted"

According to a previous report by Xin Huanghe, 36-year-old Yuan Weizhi is an ordinary office worker who has been suspected of having mental problems since 2019. From April to October 2021, Yuan Weizhi rewarded multiple anchors on the Momo platform through online lending, totaling more than 1.65 million yuan, of which 422,000 yuan and 1.044 million yuan were rewarded in July and August alone. In September, after Yuan Weizhi's family found that something was wrong, they sent him to the hospital for compulsory medical treatment, and he was later formally diagnosed with bipolar disorder by the hospital. Yuan Weizhi's family believed that Yuan Weizhi was "induced to consume" by the Momo platform when his mental condition was obviously problematic, and the platform should bear the corresponding responsibility. Subsequently, Yuan Weizhi's family repeatedly approached Momo to negotiate a refund, but no progress has been made.

On March 17, Beijing Momo Technology Co., Ltd. responded to the New Yellow River reporter via email: For persons with no or limited civil capacity who meet the legal requirements and make consumption on our platform that is not in line with their capacity, the platform will actively assist and cooperate with the guardian to promote the refund process to protect the rights and interests of consumers. We attached great importance to Ms. Zhang’s request for a refund regarding the invalidity of Mr. Yuan’s mental illness reward, and communicated with Ms. Zhang. Up to now, Ms. Zhang is still actively preparing relevant materials, and we will continue to pay attention and actively cooperate to promote the relevant process. The New Yellow River reporter called Ms. Cao, the person in charge of Momo’s public relations department, and the other party said: “All the company’s responses are in the email, and no other responses will be made.”

Afterwards, the reporter contacted Yuan Weizhi's ex-wife, Ms. Zhang. Ms. Zhang told the reporter that no one from Momo had contacted her recently. "I hope the person who is really in charge can contact me and have a real attitude to solve the problem." Ms. Zhang said that since the incident, she has been to Momo's headquarters in Beijing twice and presented Yuan Weizhi's detailed hospital medical records, consumption records and other relevant information, but the other party did not recognize these, and insisted that she provide a "review report of limited or no civil capacity."

"Bipolar disorder is a relatively serious mental illness. It is characterized by both manic episodes and depressive episodes. During a manic episode, the patient will be emotionally high, excited, and talkative. They tend to be hasty and impulsive in making decisions, and do not consider the consequences of their behavior. They may abuse money." Cheng Xiaojing, deputy chief physician at Shandong Mental Health Center, said that for patients with such mental disorders, whether they have the relevant civil capacity or the extent of their civil capacity requires a comprehensive assessment of the patient's condition, which often needs to be determined by the relevant judicial department.

How to define civil capacity? The two sides disagreed on this issue

After negotiations with Momo failed, Yuan Weizhi's family had no choice but to entrust the Nanjing Brain Hospital Judicial Appraisal Institute through the court on December 1 to appraise Yuan Weizhi's mental state and whether he had full civil capacity. On February 9, 2022, the appraisal conclusion showed that Yuan Weizhi was diagnosed with bipolar disorder and was currently in remission. He was assessed as having full civil capacity. "His main onset period was in July and August. He was discharged from the hospital after treatment in October. The judicial appraisal was only conducted in December. At that time, his condition had almost recovered, and he could naturally show full civil capacity." Ms. Zhang believes that this appraisal report has confirmed that he does suffer from bipolar disorder, but the "currently has full civil capacity" mentioned above cannot prove "full civil capacity during the reward period." "After learning the conclusion of the appraisal report, Momo believed that it had no responsibility, so it has been refusing to communicate further." Ms. Zhang said that she is currently discussing with a lawyer to see how to legally protect her rights in the next step.

Lv Hongli, a lawyer at Shandong Quanyun Law Firm, pointed out that judging whether an act is valid based on the party's capacity for conduct should be based on the capacity for conduct at the time of the act. The capacity for conduct assessment after the end of the act, regardless of the result, cannot represent the capacity for conduct at the time. "Based on the analysis of this case, it is difficult to determine whether the patient had full capacity for conduct at the time of the reward based solely on the conclusion of the current assessment report. Of course, if the family wants to prove that the patient lacked civil capacity at the time, they have to provide as much evidence as possible."

Live broadcast reward chaos occurs frequently, and some NPC representatives suggest closing the reward function

The reporter of Xin Huanghe noticed that the media had previously reported on cases where patients with mental disorders rewarded anchors and returned the money. According to Jiupai News, in October 2021, an elderly man in his sixties brought his son to the Zhuotan Police Station in Kunlun District, Baotou City, Inner Mongolia to report the case. The old man’s son, Gao Moumou, recharged 4,770 yuan on an online dating platform to reward the so-called blind date. Because Gao Moumou suffers from mental disorders, the old man is eager to get the money back. After investigation by the police, it was learned that swiping gifts on the platform is an act of gifting and no case could be filed. Later, the police contacted the staff of the platform. After three days of communication, the platform returned all the 4,770 yuan to Gao Moumou.

In recent years, the chaos of live broadcast rewards has intensified, and disputes and cases arising from this have occurred frequently. There are many similar cases, such as a 13-year-old girl who spent all her parents' 250,000 yuan savings to reward a male anchor, a poor student who borrowed more than 100,000 yuan to reward an anchor, and a man who embezzled 20 million yuan of public funds to reward an anchor and was sentenced. In addition, there are news reports of online anchors evading taxes, anchors and platforms using false means to obtain "rewards", and anchors using sexual innuendos and soft pornography to "induce rewards", which have caused many social problems. In response to the increasingly serious chaos of rewards in recent years, Li Jun, a member of the National People's Congress, said in an interview with the media recently that online live broadcasts are highly arbitrary, have high returns and low illegal costs, and it is difficult to regulate instant live broadcasts. At the same time, live broadcast rewards can easily lead minors astray. It is recommended that relevant departments improve the laws and regulations on online live broadcasts, strengthen the supervision of various departments, standardize platform rules, close the platform reward function, and strengthen positive energy guidance. Xiao Shengfang, deputy to the National People's Congress and president of the Guangdong Lawyers Association, suggested that online live broadcasts be managed in a classified manner, including a mandatory "reward cooling-off period" system for some live broadcasts. "The online live broadcast industry has reached a point where it must be rectified. It is imperative to further strengthen the supervision and services of the online show live broadcast industry."


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