On The Legal Supervision Logical Discussion Of Internet Mutual Aid Scheme

Internet mutual aid scheme is a new type of sharing economy emerging in China,which has unique existence value in the social background of China's social security system,imperfect commercial insurance mechanism and "severe illness leads to poverty".However,sharing economy often causes innovative destruction,and internet mutual aid scheme is no exception.But current legal studies have not concluded the legal nature of internet mutual aid scheme,and the supervision is still in a state of shelving.Therefore,it is of great theoretical and practical significance to discuss the logic of its supervision.Using the method of literature research,comparative analysis and normative analysis,based on the operating status of internet mutual aid scheme and the legal dilemma faced,compared with the legislation experience of other countries for reference and theoretical results,combined with the actual situation in our country,to locate the internet mutual aid scheme in the broad sense of charitable trust,for regulatory reference frame,and considering the particularity of network mutual plan to regulate and standardize.According to Wittgenstein's explanation,the term "logic" means that "everything that can be said can be explained clearly,and what cannot be said must be silenced".Therefore,the "logic of supervision" of internet mutual aid scheme,namely its "speakability of supervision" in jurisprudence,is divided into two parts: "necessity of supervision" and "appropriateness of supervision".In terms of regulatory necessity,there are legitimate reasons for the law to intervene.The Internet mutual aid scheme has the operational characteristics of being initiated and operated by network companies,adopting post-pricing mode,and highly mobile members,and there are fund management risks,moral risks and information management risks.Internet mutual aid scheme is faced with a legal dilemma,its legal nature cannot be determined as insurance or public welfare,accordingly,it cannot determine the regulators and regulatory rules.In terms of regulatory appropriateness,the accurate legal nature positioning is the basis,and the design of key regulatory system is the target.First of all,through the analysis of the legal relationship of internet mutual aid scheme,similarity to the nature of the organization,as well as comparing the similar degree function with mutual insurance and charitable trust,the internet mutual aid scheme has both the legal act and organization of trust,and has the function of assetcutting of trust.Its purpose is to be charity,so it should be positioned as charitable trust in a broad sense.Secondly,To take charitable trust as the regulatory reference frame,and consider the particularity of internet mutual aid scheme,The design of the specific supervision system is as follows: the establishment conditions of internet mutual aid scheme shall adopt the administrative review and approval system.Governance structure is to take clear rights and obligations of both sides,network mutual assistance platform and members to coordinate and co-governance.External regulation is regulated by trust supervisors,trade associations and administrative regulatory bodies.In terms of the withdrawal rules,the active and passive withdrawal modes are parallel,and the ownership of the mutual fund balance should be solved by the principle of striving for approximation.