The Regulatory Path Of The Personal Help In Internet By Crowd-funding

As a new model of the combination of Internet Finance and charity,the personal help in Internet by crowd-funding,with the convenience of the platform and the marketing of the operation,has quickly become a new star in the field of charity,and provides more efficient and convenient choice for more people who need help.But at the same time,it also provides some opportunities for some opportunistic people.The phenomenon of "cheating donation" and "deceived donation" have not only cracked down on the development of personal help seeking in the personal help seeking in Internet by Crowd-funding,but also impacted the mainstream values of the society.At present,personal help seeking in Internet by Crowd-funding is still outside supervision.Therefore,it is of great practical significance to regulate personal help seeking through network by Crowd-funding within the legal framework as soon as possible.The first part of this paper is an overview of personal help seeking in Internet by Crowd-funding.First of all,we define the concept of personal help seeking through network by Crowd-funding,and define the object of this study as a non return personal help seeking in Internet by Crowd-funding.At present,the academic community does not make a specific type of distinction in the study of personal help seeking in Internet by Crowd-funding,but in the model of the combination of Crowdfunding platform and charity,there are different types,such as paid model,free model,and so on.The regulatory significance and regulatory standards should be different.After clarifying the object of this study,the author further analyzes the nature and specificity of personal help seeking in Internet by Crowd-funding.It is clear that it is the combination of Crowd-funding and personal help seeking in Internet.Therefore,the personal help seeking in Internet by Crowd-funding is of public nature,with good intentions,while the platform has a good idea for-profit.This combination of charity and profit lays a difficult part in the supervision of personal help seeking.In particular,the public platform has multiple legal status,which is not only a profit-making legal person,but the public platform has in fact assumed a part of the function of the charity organization.Therefore,no matter in defining the rights and obligations of the parties in the personal help seeking in Internet by Crowd-funding,or considering the regulatory path,we should give full consideration to its specificity.The second part of this paper is to analyze the personal help seeking in Internet by Crowd-funding from the perspective of legal theory.From the two perspectives of civil and commercial law and economic law,the author examines the legal relations and the content and limits of the rights and obligations of the parties involved in the personal help seeking of public financing.From the perspective of civil and commercial law,the three parties should be intermediary contracts.So the responsibility of the platform is not only limited to the opportunity to report the transaction,but also plays the role of communication,transmission of information,mediation or match.This is also the fundamental source of information audit and information disclosure obligation of platform.There is a contract relationship between the help seeker and the donors for the purpose of giving the contract,so the help seeker must use the donation money according to the purpose of help,otherwise the donor's contracting purpose can not be realized.From the perspective of economic law,there is a serious information asymmetry in the personal help of the crowd raising network,and then faced the serious problem of donor protection.So how to protect the donor's right to know and supervise is the key and difficult point to regulate the operation of the personal help seeking in Internet by crowd-funding.The third part of this paper analyzes the current situation of personal help seeking in Internet by crowd-funding and the regulatory dilemma faced by people from the perspective of practice.First of all,in legislation,there is not yet a law which explicitly refers to the personal help seeking in Internet by crowd-funding as an applicable object.The charitable law,which was formally implemented in September1,2016,excludes the personal help seeking in Internet by crowd-funding outside its regulatory object,while the contract law in the traditional civil law field appears very weak in the new legal relationship which is based on the Internet.Secondly,the blank of legislation leads to no clear regulatory body in the specific supervision,and the civil administration department that temporarily oversees the personal help seeking in Internet by crowd-funding can only perform the supervisory responsibility in a negative way in the case of serious problems.Most importantly,because of the gaps in the legislation,the obligations of the public platform are not clear,so the regulatory subject often makes the subject of the supervision more and more difficult to follow.The fourth part of this paper makes a preliminary exploration of the supervision path of the personal help seeking in Internet by crowd-funding.From the two angles of legislation and practice.First of all,we should clarify the contents of rights and obligations of publicly funded platforms as soon as possible,so that all platforms can be standardized in the legal framework.And we should clarify the legal responsibilities of the public financing platform,so as to avoid the lack of any obligation to pay the platform because it doesn't need to pay for any fraudulent donations or fraud.Secondly,the government should increase support.Due to the gratuitous nature of the personal help seeking in Internet by crowd-funding,the platform should not profit from it.Therefore,we must emphasize the obligations of the platform,and it will fight its enthusiasm.Only through the government support,the establishment of a good information sharing mechanism with the hospital,the relief of the obligations of the public platform and the establishment of a corresponding supporting system,is the long-term plan to standardize the personal help seeking in Internet by crowd-funding.In the end,we should make clear the supervision subject of the personal help seeking in Internet by crowd-funding,so as to supervise the supervisory department to perform the supervisory responsibility actively,but not the negative solution when the problem arises.However,as the public search network still belongs to the just rising stage,the supporting system is not complete,so it is still the main direction to realize the effective supervision at the present stage.On this basis,we can further design more complete regulatory measures.