A Study On Civil Liability Of Donation Crowdfunding

Donation Crowdfunding,as a model of Internet financing,plays an important role in raising small funds in crowdfunding projects.In the fund-raising process of Donation Crowdfunding,the Crowdfunding Platform is a bridge for contacting the fundraiser and the investor to facilitate the exchange of information between the two parties.However,the rapid development of Donation Crowdfunding Platform also exposed many problems,which also attract the attention of the academic circle.The paper will explore the legal status of the platform,the rights and obligations of the platform,and the civil responsibility of the platform.For these problems,this article will conduct the thorough research to solve the problem,hoping to contribute to the long-term development of the Donation Crowdfunding.The civil responsibility of Donation Crowdfunding refers to the legal consequen-ces that the Crowdfunding Platform violates civil obligations when providing relevant services for investors and financiers.Predecessors' research on the civil liability of Donation Crowdfunding are lacking,so through the case about Luo Yixiao,the author discusses the different points in academia about the legal status of Donation platform.After the comparative analysis,the author points out that it is more reasonable to compare the civil legal status of Donation Crowdfunding platform to the intermediary.Then from the two perspectives of liability for breach of contract and liability for tort,the author discusses what is the responsibility of Donation Crowdfunding Platform.At present,the operation mode of Donation Crowding Platform is still under exploration.The agreement between the platform and the two parties is difficult to be specific,and the nature of the contract is not fixed as well.When there is a dispute between the investor and the platform,the obstacle caused by the uncertainty of the nature of the contract will lead to the application of the law.Therefore,from the perspective of protecting both sides,the author believes that it would be more reasonable to position the civil liability position of public interest crowdfunding platform as tort liability.In the end,the author analyzed the civil liability of Donation Crowding Platform from three aspects,and hoped to enlighten the settlement of the legal status of crowd-funding platform and the determination of tort liability.