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Research On The Supervision Mechanism Of Network Fundraising Platform

Posted on:2020-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:X M GuoFull Text:PDF
GTID:2416330590981255Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of Internet,Internet donation has emerged under the demand of the masses.“Internet + charity”,as a new way of collecting donations,has developed rapidly under the impetus of the Internet and has become a powerful complement to our social assistance mechanism.This way of asking for help by means of network publishing has the characteristics of convenience,quick,wide radiation and good feedback effect,but in the name of network fundraising,the phenomenon of fraud is increasing.The lack of relevant supervision makes it difficult to safeguard the interests of the public,leading to a crisis of trust.The moral and legal problems caused by fraudulent donations also make the network fundraising into a “white-hot” state.In order to better regulate the disorder of fund-raising and guide the orderly and stable development of charitable fund-raising,China promulgated the “Charity Law” in 2016 and the “Basic Technical Specifications of Online Fundraising Platform for Charitable Organizations” in July 2017 and the “Basic Management Specifications of Online Fundraising Platform for Charitable Organizations” on the official website of the Ministry of Civil Affairs.The qualifications of the main body of online donation,the conditions of online donation platform and the use of charitable funds are specified in detail.However,there are still lags and imperfections in the regulation of industry standards.The specific criteria for selecting online donation platforms are still not stipulated,and the flow of good money is ambiguous and other prominent problems need to be solved urgently.The supervision of online donation platform can not simply rely on the supervision of the law.The large number of participants in the process of online donation also requires the participation of government departments.At the same time,the public,news media and other forces should be mobilized to establish a common supervision of online donation platform.Based on the case study,this paper analyses the current situation and outstanding problems of online donation platform.From the perspective of law,government,society and other regulatory bodies,this paper analyses the operational dilemma in the supervision of online donation platform,points out that individual assistance can not be constrained by the Charity Law,the law does not hold accountable for the acts of opaque donation information.,and the government departments have low threshold for the establishment of online donation platform,serious form review,lack of joint efforts in supervision,etc.Then,on this basis,we compare the practice of the United States on the supervision of online donation platforms from the perspective of foreign countries horizontally,and draw lessons from more mature and effective measures to improve our oversight and loopholes in the supervision of online donation platforms.Finally,on the basis of the theory of collaborative governance,this paper puts forward some standardized measures for the supervision of online donation platforms,including perfecting the system design to fill the legal vacancies,strengthening the main responsibility of donors,improving the means of privacy protection and the consequences of tort liability,in order to achieve the effective supervision of China's online donation platform,stimulate the public's attention and enthusiasm for donation,promote the development of charity as a whole.
Keywords/Search Tags:Internet donation, Charitable organization, Comprehensive supervision
PDF Full Text Request
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