Research On Legal Regulation Mechanism Of Non-public Welfare Fundraising

The full text is divided into three parts,to ask questions,analyze the problem and solve the problem three levels to non-public welfare fundraising research.The first part,through the introduction of Luo smile incident as a typical case of online non-public fund-raising,raised the issue of online non-public donations are non-public welfare fund-raising issues of legitimacy and credibility.Secondly,through the case of the first non-public welfare fund-raising cases,the afterglow case was used as a typical case of non-public fund-raising,the donation balance of non-public welfare fund-raising was put forward.Two typical cases put forward the three typical problems of non-public welfare fund-raising existence legitimacy,credibility problem,fund-raising residual ownership problem,The second part analyzes the meaning,characteristics,legal nature and legal relationship of non-public fund-raising.Non-public welfare fundraising(also known as private fundraising)refers to eligible recruitment organizations to help beneficiaries solve sudden or significant difficulties,through a variety of media or other means to issue donations,for the public to raise,for a specific subject Raise the social behavior of donations or items.The third part,from the private law and public law at two levels to solve the problem of non-public,welfare fund-raising legal mechanism.First of all in the private law regulation,the proposed private law unified,combined with the altruistic contract and reference to the theory of the application of the law to deal with the law,according to the basic principles of civil law,the basic system to deal with and invoke the relevant provisions of the tort law on non-public fundraising these four Aspects of the proposal.Second,in the regulation of public law,the proposed non-public welfare fund-raising into the "charity law" to standardize the strengthening of non-public welfare fund-raising credibility of the building,clearly donate property balance ownership ownership system,improve the main body of the system and focus on strengthening the online Public welfare fund-raising norms of these five aspects of the proposal.Among them,the author's innovative point of view is that the individual action on the network should be divided into the online non-public fundraising type,unified called personal help non-public donation,the individual can not initiate public fundraising,Theoretically the individual can help non-public fund-raising in the individual called "not really raise people" or "indirect raise",and then the non-public fundraising norms into the "charity" within the scope of adjustment,by the "charity Law"to adjust and learn from the relevant content of private law to solve the relevant issues,no longer a separate non-public fund-raising law.