Research On The Lack And Rebuilding Of The Legal System About Online Donating

In recent years,along with the popularization of network technology and the development of intelligent terminals,"Internet +" have brought big innovation to all aspects of the traditional life.Internet users also began to transfer to new online social platform such as Microblog(Weibo),Wechat,Tieba,etc,which was concluded as "new media era" or "self-media age" Because individuals can not only post information,but also promote or create "hot spots","headline" and other network social issues on such social platforms,attracting social attention.With recognition of the concept of a harmonious society and improvement of people's living standards,China's philanthropy has come to the stage of vigorous development.Because of its innovation and practicability,donation via the Internet has become popular and rapidly grown;but the simultaneous occurrence of fraud donated,privacy infringement event reflects the urgent regulation of fund-raising through network.In March,2016 China's first "Charity Law" filled the gaps in the field,having a very important significance on the norms of charitable activities and protection.This also indicates that China is moving from "emotional welfare and charity program" to "rational public welfare and charitable citizens" into the universal charity stage."Citizen charity,universal charity" will become a powerful engine of future society.However,the new law does not clearly identify the contents of how to define and regulate the fields of the individual fund-raising via Internet.This causes a blank where no means could been found if it needed to be qualified or reacted,when it comes to the certain questions of personal donation through the network platform as well as how to deal with the infringement.Whether such acts should be completely banned,or should they be defined as the personal self-help actions and let them be as the way the were,there is no common sense in both the academic field and the department of Justice,because there is no example to follow.Therefore,the issue is worthy of further consideration and included in the plan of legislative improvement.On the release of "Charity Law",it is a high time that we picked out the question to study the behavior of Online donating based on the view of Micro-Charity,combining the traditional online fund-raising and the new background of "Internet +".If this question could be analyzed separately,the result must be a reflection to our philanthropy,the charity legislation and the social realities.Using a variety of methods herein comparative research,theoretical studies,literature induction,data research,case studies,etc,this essay strive to give some new ideas to this issue which has developed for a long time but leads out new form,new situation and new problems along with the development of scientific and technological progress.This paper studies the absence part in existing legislation,aiming to provide further legal protection to enhance the credibility and practical problem solving,but also trying to make some efforts to improve the"charity law" to a certain degree,in the hope of the charity and philanthropy can make further growth and sustain steadily.This paper is divided into four parts and illustrates the shortcomings and improvement of legal system regarding to the behavior of Online donating based on the view of Micro-Charity platform:for the first part,a brief introduce of online charity and donations as well as the Micro-Charity platform.Firstly,give the development process of online charity and donations which arise from the Internet since the birth of this technology,and then give the definition.Secondly,introduce the the Micro-Charity model under the background of "Internet +" era.Thirdly,give the ideas,classification and concepts the view of Micro-Charity platform discussed herein,and finally,under Micro-Charity network platform,discriminate the fund-raising behavior,and make the definition clear from the academic law aspect.The second part concludes the realities on laws and regulations at the present time in China,also concludes analyze practical problems.The third part,the extraterritorial laws on online donating and the Enlightenment.Given the condition that there is no such concept as "Micro-Charity platform" in extra-territorial laws,we use the similar situation to illustrate the idea.It is the first to make a presentation on the legal regulation of online donating in the United States,Britain,Japan and Taiwan of China,then comes to the part of the summary of the parts worth learning in those national and regional systems.The fourth part will combine the summarized foregoing realities and extraterritorial inspirations,and strive to remedy,to give out forward ideas and proposals to improve laws and regulations on the online donating in the view of Micro-Charity platform to compensate for the absence of legal regulation.China's current online donating on the use of Micro-Charity platform is large in base users,applied widely,giving out a great prospects,but the only restriction to its development is that legal regulations can not keep up with the times&background and technological progress.The core content of this paper is to make it clear that online donating on the use of Micro-Charity platform should be committed in laws and give some suggestions to deal with the absence of legal regulation.Based on the integrated science and technology development in the world and China's economic and social background conditions,to study the online donating behavior in the view of Micro-Charity platform in depth,as well as making relevant systems in extra-territorial laws involving online donating as references,it is not difficult to draw the conclusion that only by improving relevant systems is the three aspects of platforms,the public,and the regulators,and by recognizing and regulating the type of online donating from the legal aspects,can it be true that the new form can act as a strong complement to the traditional donation and then make great development.