Research On The Legal Issues Of Network Donation In China

The promulgation of the Charity Law of the People's Republic of China(hereinafter referred to as the "Charity Law")indicates that China's charity will enter a new chapter,the emergence of charity in the whole people,the charity is no longer a very few rich patents.The masses of the people are also actively involved in various ways.The traditional concept of charity with the advent of the Internet era and change,derived from a new type of charitable fund-raising-network fundraiser.As the main form of Internet charity donation,network donation has a unique advantage at the same time in the implementation process there are many problems.How to monitor the network of fund-raising behavior,to effectively prevent the network fraud,cheating the phenomenon of repeated occurrences of these are all the people who need help;Is the network donation to be resolved.In order to effectively solve the problem of network donation in practice,it is imperative to make better use of this new way of donation to promote the development of online donation.Only the establishment of legal regulation,government regulation,industry self-discipline of the three integrated management system can effectively curb the network fraud,deceive the occurrence of fraud.First of all,from the legislation,government supervision,charity industry three aspects of the problem of network fund-raising;Second,learn from the experience of the US network fund-raising,with reference to its more perfect legal system and regulatory system,summed up the network of fund-raising,Out of our country on this issue of inspiration;Finally,the actual situation of China's charity,put forward the corresponding problem-solving measures.This paper mainly from the following four parts of the network donation legal issues for analysis and research:The first part is a basic overview of online donation.The author first explains the concept of network donation.Secondly,it analyzes the four characteristics of the network donation: the special subject of the fund,the special way of donation,the spontaneous and personal property of the donation,the low cost and the high efficiency of the donation activity.Finally,The background.The second part is the main problem of network donation in our country.The author analyzes the problem from three aspects: the first is the legislative issue;the second is the government regulation;the third is the industry itself.For example,the lack of conviction and sentencing,the lack of administrative regulations,the lack of government donation,the lack of information disclosure and the lack of feedback mechanism.The third part introduces the experience of American regulatory network donation.Mainly from the United States charity laws and regulations and the revelation of China's two aspects to elaborate.The law of the American Internet fund-raising is established earlier in the world,and has perfect legislation and supervision mechanism.It provides a good experience and reference for the legislation and supervision of the fund-raising system in China.If the network is required to adopt the registration system,establish a good network environment,the use of tax incentives,so as to promote the healthy development of China's charity.The fourth part introduces the solution of the problem of network donation.From the perfect legislation,improve the government supervision and improve the relevant mechanisms within the charity three areas to solve the problems listed in the second part of the list.The government,the establishment of specialized regulatory agencies to raise funds;improve the management system of surplus funds;the establishment of network donation declaration permit system;increase tax preferential policies;Standardize the internal aspects of the charity industry,and actively build a network of fund-raising platform;additional personal privacy protection mechanism;the establishment of information credibility considerations mechanism.