The Legal Dilemma And The Way Out Of Personal Network For Help In China

Charity law of the People's Republic of China was adopted at the 4th conference of the 12th National People's Congress on March 17,2016.From the beginning of drafting to the publication and implementation of this law,which going through a lot of disputes and after several times of modification.The topic of personal fundraising is the most controversial one.Personal fundraising is forbidden by the "Charity Law".Only cooperation with charitable organizations is allowed.In the present work,affirming the inevitability of the behavior of individual network for help,through searching for the legitimacy from Host law,analyzing the phenomenon of individual network for help,and the causes of the existing problems,finding the way out from predicament between the regulation of Charity Law and Civil Law.And pointing out that concerning the behavior of individual network for help,there are some legislative blanks whether in Charity Law or Civil Law,Criminal Law.Giving corresponding solutions according to the overall consideration including legislative efficiency and social circumstance.This paper is divided into four parts.The first part points out that the existence of individual network for help relying on the features of the Internet,such as the opening,the freedom,the internationalism,the convenience.The site provided by online help desk,the vacuum between legal regulations,the overly consciousness of rights all caused the increase of the cases about asking help via Internet.Behind this situation,there are problems of lacking of follow-up supervision about information posting and auditing,the uncertainty of donation ownership,the accountability of donate fraud.The second part is the determination on the nature of individual network for help.Compared with other forms of fundraising,gift contracts,foreign donations,and the necessary of individual network for help affirmed by the social circumstance and juristic basis,which conclusion lies in the individual network for help is a private charitable donation,and can not be regulated simply by Charity Law or Civil Law.The third part points out that there are some problems in the legislation,such as legal nature,the platform responsibility,individual rights and obligations,the balance treatment,but there is no corresponding regulations to follow.In the last part,by replenishing the provision of online donation in Charity Law,and the provision of fraud in Criminal Law to make up for the blank of legislation.The loose beforehand supervision and cautious in the course and afterwards supervision are necessarily.The treatment of balance should adhere to a reasonable and legitimate guideline,establishing three information publicity platform.At last,putting forwards the attitude to the individual network for help should be pennitted instead of supporting,forging a more perfect commonweal fundraising system to replace the individual network for help eventually.