Can I get my present back from the studio?

Whether you can get the gift back depends on the specific situation. In the current judicial practice, there are generally three situations to recover the gift for the anchor:

1. Minors, adults without civil capacity and persons with limited civil capacity can recover in principle. Details are as follows:

(1) Natural persons over eighteen years old are adults, and natural persons under eighteen years old are minors;

(2) A minor over the age of eight is a person with limited capacity for civil conduct, and his legal representative carries out a civil legal act or is approved or ratified by his legal representative; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently;

(3) Minors under the age of eight are persons without capacity for civil conduct, and their legal representatives shall act as agents to carry out civil legal acts;

(4) An adult who can't identify his own behavior is a person without capacity for civil conduct, and his legal representative acts as an agent to carry out civil legal acts;

(5) An adult who can't fully recognize his own behavior is a person with limited capacity for civil conduct, and the implementation of a civil juristic act is represented by his legal representative or recognized and ratified by his legal representative; However, civil legal acts that are purely beneficial or suitable for their intellectual and mental health can be implemented independently.

2. Use public funds as the anchor to brush gifts. The reward is illegal and criminal income and should be recovered. State functionaries who, taking advantage of their positions, misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds for more than three months, are guilty of corruption and are sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment. In any of the following circumstances, it shall be deemed as "serious":

(1) misappropriating public funds of more than one million yuan;

(2) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, with the amount of more than 500,000 yuan but less than 1 million yuan;

(three) misappropriation of public funds will not be returned, and the amount is more than five hundred thousand yuan but less than one million yuan;

(4) Other serious circumstances.

3. If an adult has a spouse, one spouse can claim that he is completely ignorant of the huge gift, which infringes on the right of both husband and wife to dispose of the property owned by * * *, and bring a lawsuit to the court to request the cancellation of the gift. Especially when there is an affair with the anchor after rewarding a huge amount of property, in principle, the court will think that this behavior violates public order and good customs. If the anchor accepts such a reward, it should be returned according to law. The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:

(1) salary, bonus and labor remuneration;

(2) Income from production, operation and investment;

(3) the benefits of intellectual property rights;

(4) Inherited or donated property;

(five) other property that should be owned by * * *.

The money for brushing gifts for the anchor can be recovered in the following two ways:

1, the agreement is recovered, and the reward can be negotiated with the anchor. The signed agreement meets the following conditions, that is, it has legal effect:

(1) The parties to the agreement have corresponding capacity for civil conduct;

(2) The agreement is the true expression of the parties' will;

(3) The agreement does not violate the mandatory provisions of laws and regulations, and does not violate public order and good customs.

2. recover through litigation. If negotiation fails, a lawsuit can be brought to the court for judgment. The civil procedure is as follows:

(1) Submit the indictment first, and submit the corresponding number of copies according to the number of opponents. The complaint shall contain the following items:

A) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

B) Information such as the defendant's name, gender, work unit and domicile, and information such as the name and domicile of a legal person or other organization;

C) The request and the facts and reasons on which it is based;

D) Evidence and its sources, names and residences of witnesses.

(2) The plaintiff sued the court and submitted relevant materials, as follows:

A) A copy of the complaint and provide copies according to the number of defendants;

B) Main evidential materials, and provide copies (copies) according to the number of defendants;

C) the identity certificates of the original and the defendant;

D) If another person is entrusted to represent the lawsuit, submit 1 copy of the power of attorney with clear authorization and the ID card of the trustee, and provide the original for inspection;

E) If a lawyer is entrusted to represent the lawsuit, a clearly authorized power of attorney and a copy of the certificate, letter and lawyer's card of the entrusted law firm shall be submitted.

(3) When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate.

(four) the filing court shall, within seven days after the parties perform the necessary procedures and submit the relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Do not meet the conditions for filing, ruled that it will not be accepted according to law;

(five) the parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance;

(6) After the case is put on file, the court will arrange a court session.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 17 A natural person who has reached the age of 18 is an adult. A natural person under the age of eighteen is a minor.

Article 18 adult are persons with full capacity for civil conduct and can independently carry out civil juristic act. /kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.

Nineteenth minors over the age of eight are persons with limited capacity for civil conduct, and they are represented by their legal representatives or approved and ratified by their legal representatives; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently.

Article 20 Minors under the age of eight are persons without capacity for civil conduct, and their legal representatives shall act as agents to carry out civil legal acts.

Article 21 An adult who cannot identify his own behavior is a person without capacity for civil conduct, and his legal representative shall act as his agent to carry out civil legal acts. The provisions of the preceding paragraph shall apply to minors over the age of eight who cannot recognize their own behavior.

Article 22 An adult who cannot fully recognize his own behavior is a person with limited capacity for civil conduct. When performing a civil juristic act, he shall be represented by his legal representative or approved and ratified by his legal representative. However, civil legal acts that are purely beneficial or suitable for their intellectual and mental health can be implemented independently.

Article 663 Where the donee is in any of the following circumstances, the donor may revoke the gift:

(a) serious infringement of the legitimate rights and interests of the donor or the donor's close relatives;

(two) the donor has the obligation to support and fails to perform;

(3) Failing to perform the obligations stipulated in the gift contract. The donor's right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.

Article 143 A civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:

(1) Wages, bonuses and remuneration for labor services;

(2) Income from production, operation and investment;

(3) Income from intellectual property rights;

(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.

Criminal law of the people's Republic of China

Article 384 Any State functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates public funds for profit-making activities in a relatively large amount, or misappropriates public funds in a relatively large amount and fails to pay them back for more than three months, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.

People's Republic of China (PRC) Civil Procedure Law

Article 123 When a lawsuit is brought to a people's court, copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 124 A complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based; (4) Evidence and its sources, names and residences of witnesses.