Protection And Regulation Of Citizens' Network Fundraising From The Perspective Of Public Law

"Charity law of the People’s Republic of China (draft)" was adopted at the 4th conference of the 12th National People’s Congress on March 17,2016. A lot of controversy were engendered due to the draft on the statement of "No individual public solicitation" in the process of drafting "charity law". Prior to this, our charity legislation does not confer the qualification of citizen donations, and there has always been controversial on the exercise of the right of donation in academia and practical circle. "Charity Law" finally rules that "Charitable organizations and individuals, who do not have the qualifications of public collections, can cooperate with charitable organizations with qualified public collections for the purpose of charity, and the public donations were conducted by the charity, as well as the management of raised funds. This is also the result of the compromise by the interests of all parties. In the present work, the behavior of citizen on-line solicitation was observed from the perspective of the Public Law. The legitimacy of citizen on-line solicitation was expounded. The government regulation of citizen on-line solicitation was discussed further. The "Charity law" to guide individual fundraiser was affirmed. Finally, my own views were proposed on how to regulate citizen on-line solicitation specifically.This paper is divided into four parts. The first part is theoretical analysis of the citizen on-line solicitation behavior. The concept of the citizen on-line solicitation was generalized from the definitions of charity, donation and on-line solicitation and several cases of citizen on-line solicitation. Its characteristics and relationship with related concepts were analyzed as well. In the second part, the legal nature of the citizen on-line solicitation was explored and analyzed. The legitimacy of citizen on-line solicitation was found from the perspective of the Public Law, which provides evidence on the jurisprudence. Overall, the citizen on-line solicitation is a freedom of expression behavior, which should be protected by the Constitution. In the third part, the problems of citizen on-line solicitation and formulation of "charity law" were discussed. Firstly, the legislative reasons on generating citizen on-line solicitation were explored. The emergence of citizen on-line solicitation was closely related to the imperfections of our philanthropy and social security system. On the other hand, our charity legislation does not confer the qualification of citizen on-line solicitation. Then, the reasons of not promoting individual donations in the revision process of the "Charity Law" draft were analyzed. And the rebuttals were also presented. In the last part, the reasonable proposals of government regulation of citizen on-line solicitation, combining with the relevant provisions of "charity law", were put forward from the point of view of all aspects of regulation in advance, matter and afterwards. It provides better services and guidance for citizen on-line solicitation in practice.