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On The Perfection Of The Legal System Of Network Charity Donation In China

Posted on:2019-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:D MuFull Text:PDF
GTID:2416330545494232Subject:Economic law
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In recent years,with the development of society and economy and the improvement of people's living standards,charitable fundraising activities have been increasing,and a situation in which all citizens participate in charity emerged.The traditional charity concept also changed with the rapid development of Internet technology.A new type of charitable fundraising-online charity fundraising came into being.Network charity fundraising has different characteristics from those in the past in behavioral subjects and fundraising methods.Internet charity fundraising based on internet technology has the advantages of convenience,rapidity,and high efficiency,and has increasingly become an important supplement to charity fundraising in China.However,due to the two-sided nature of Internet technology and the legal system of online charity donation,the online charity fundraising process also has many problems in the development process.The false fundraising information is raging and hurts the donation enthusiasm of donors.Lack of effective management reduces the credibility of online charity fundraising.The frequent occurrence of improper network charity fundraising incidents has not only adversely affected the development of philanthropy,but also provoked a crisis of social trust and disrupted the harmonious and beautiful social order.In addition to the introduction,this article has a total of three parts.In addition to the introduction,this article is a total of three parts.The first part is the basic theory of online charity fundraising.First,it defines the concept and scope of online charity fundraising.The online charity fundraising is a concept defined according to the form of charity fundraising.The online charity fundraising itself is based on whether the raiser has subject qualification restrictions and whether the beneficiary is a specific object.Classification can also be divided into public welfare network charity donations and non-profit internet charity donations.In addition,the characteristics of online charity donations are compared with traditional charity donations,including special fundraising subjects,special fundraising methods,spontaneous and personal attributes of fundraising behavior,and low-cost and high-efficiency fundraising activities.Finally,by comparing the different theories about the nature of charitable fundraising on the Internet,from the point of view of the parties involved and the legal relationship,the nature of the online charity fundraising is altruistic giving a contractual relationship.The second part discusses the status quo and system dilemma of China's online charityfundraising.Through the analysis of the implementation of online charity fundraising,it can be seen that the development of online charity fundraising is rapid,and provides space for the reform and development of charity fundraising in China.However,due to the lack of legal management and supervision of the system,frequent incidents such as “fraudulent donation”and “swindle donation” have caused the public credibility of Internet charity fundraising to be greatly reduced,which is detrimental to the overall development of charity fundraising.In view of China's charity legislation system,there are few laws and regulations concerning online charity fundraising,and existing laws such as the "Contract Law" cannot be fully applied.Perfecting the legal system of online charity fundraising is imminent.Due to the lack of legislation and inadequate supervision,China's online charity fundraising has led to problems such as the lack of authenticity of donation information in practice,the lack of public disclosure of donation information,and the unclear attribution of remaining donations.The incompleteness of China's Internet charity fundraising in terms of legal systems is related to the inaccuracy of the degree of public power's involvement in online charity fundraising supervision.In the future legislative improvement,it must be strictly managed to reduce the occurrence of vicious events;It is necessary to guarantee the parties' freedom of contract and prevent the online charity fundraising from going to the extreme of institutional rigidity.The third part elaborates on the system dilemma put forward in the second part and puts forward suggestions for improving the legal system of online charity donation.In the aspect of legislation,considering the integrity and unity of the charity legal system and the legislative costs,we choose to incorporate cyber charity donations into the legislative mode of the existing legislative system.In addition,in terms of supervision,the three-dimensional supervision and management of online charitable fundraising is conducted before,during,and after the incident.This includes the improvement of the access system for online charity fundraiser and information disclosure system,and the improvement of grassroots organizations and social media supervision.System,build fund management system for donation surplus.
Keywords/Search Tags:charitable donation, network charitable donation, legal system, regulation
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