Research On Civil Liability For Untruthful Information Disclosure By Individual Network Fundraiser

China’s charitable service and network donations are in a stage of full swing,and the protection of the society’s urgent needs is one of the hot topics of social concern.The community has been paying close attention to charity and social welfare,especially under the new situation,with the help of network assistance behavior "Internet + donation" in continuous innovation,and attempts through legislative and judicial,administrative and social aspects to give the corresponding degree of protection.However,unfortunately,such personal donations by means of Internet media are still in the blind areas of legal regulation.Fund-raising person or beneficiary freely whenever and wherever possible fund-raising network information submitted,the network platform is not responsible for excessive information audit obligations,related to the main responsibility of information disclosure obligations is not in place,the information disclosure legal liability system of untruthful unknown situation is more serious.This article is based on the actual situation of charitable donations and network donations in China,taking the untruthful information disclosure of individual Internet donation promoters as the breakthrough point,and taking the civil liability of untruthful information disclosure of the promoters as the research object.By September 1,2016 the formal implementation of the "People’s Republic of China charity law",complemented by public donations to charitable organizations "management approach" and other laws and regulations,according to the relevant laws and regulations,charitable donations,world relief and other developed countries and regions and our country’s judicial case.The current situation analysis of practice sponsor fund-raising untruthful information disclosure,specific promoters shall bear civil liability scope,type,principle of imputation and the subject of defense and other aspects,in order to civil liability for personal fund-raising network sponsors the disclosure of untruthful information to build a relatively complete legal framework.First of all,because of the controversy,the current academic connotation of personal fund-raising network properties,types,the definition of this paper focuses on the analysis of personal fund-raising network and several fund-raising promoters of untruthful information disclosure and other important issues,including the connotation,characteristics and legal nature of the network collection,between the connotation of personal network sponsor fund-raising and the parties of the legal relationship.Secondly,the personal network sponsor fund-raising untruthful information disclosure practices are analyzed,focusing on analysis of untruthful information disclosure of the four types and practice forms,causes and focuses on the analysis of individual network sponsor fund-raising untruthful information disclosure.In addition,the analysis of the regulation status of promoters of untruthful information disclosure from the perspective of legal system and defects,combed the promoters for the disclosure of untruthful information of civil liability legal system,the problems that could lack of civil liability,civil liability is not clear,the lack of benefit balance mechanism of the lack of responsibility for docking,the sponsor defense system design etc.Furthermore,it focuses on the formation and identification of civil liability for untruthful information disclosure of personal network help seeking sponsors.Finally,it is a personal network sponsor fund-raising to improve the disclosure of untruthful information of civil liability legal system,the legal system of the status quo and existing defects to be systematic and theoretical summary,including the design and the content system of the path to improve two aspects.The system design includes determining the path of "charity law" and other legal regulation path,"Remodeling of social service organizations registration management regulations" regulations such as the regulation of charity organization "path,refine the public fund-raising management measures" department regulations regulation path.The system includes the main aspects of civil liability,the civil liability of the three part to establish the mechanism of balancing of interests,for the design of promoters of untruthful information disclosure of the specific civil liability and existing defenses.