| Personal online help-seeking is a new type of charity activity for help-seekers to seek help from the public through the online platform to relieve their difficulties.Compared with the traditional help-seeking method,the personal online help-seeking break through the time and geographical restrictions,resulting in information asymmetry between the helper and the donor.The Rolle incident reflects the legal dilemma in the personal network for help in the identification of help-seekers,the disclosure of help-seeking information and the attribution of the balance of funds.At present,the understanding of "charity activities" in the "Charity Law" is in the charity activities,and personal network assistance is not within the scope of the "Charity Law".There are also deficiencies in the adjustment of personal network assistance in civil law norms such as the "General Law of Civil Law" and "Contract Law".In the judicial practice,due to the lack of unified legislation,the courts have different opinions on the ownership of the balance of the money.In order to protect the legitimate rights and interests of the public when participating in personal network assistance,it is necessary to construct a new legal system so that it can be law-abiding and has rules to follow.Personal online help-seeking is characterized by high efficiency,publicity,non-profit,etc.,and each subject forms a three-law relationship.The legal nature is the third-party(helper)interest contract between the donor and the network platform.The network platform and the helper have the obligation to guarantee the authenticity of the information and use the donation according to the purpose of seeking help,and the donor has the right to realize the purpose of the donation.Due to the participation of the public,the personal network seeks to transcend the private interests between individuals and has publicity.It is an act that combines the dual attributes of public law and private law.The Charity Law limits "charity" to charity.It is a misunderstanding of the relationship between charity and charity.Charity and public welfare are not inclusive but cross-relationship.Personal online help-seeking has charitable attributes and should be included in the scope of the Charity Law.Through the "Charity Law" regulation of personal network for help,not only can make up for the lack of Personal online help-seeking legal regulation,but also enable the public to express love with confidence.The charity and regulation system for personal network assistance should implement the principles of incentives,public interest,and prohibition of unjust enrichment.In the construction of the charity system,the provisions of Article 3 of the Charity Law should be adjusted first,and the scope of application of the Charity Law should be expanded.Secondly,the subject qualification system for help-seekers,the information disclosure system for help-seeking,and the balance system for charitable balances should be established..In the system of qualifications for help-seekers,it is clear that the qualifications of help-seekers should meet the economic difficulties,seek help for charitable purposes,beneficiaries of their own or close relatives,and establish a matching qualification review system and helper blacklist system..In the help information disclosure system,it is determined that the helper and the network platform are the subject of information disclosure.The information disclosed by the helper includes the dilemma information and the property information.The information disclosed by the network platform includes the donation information and the management information of the money management,and at the same time provides The procedures for information disclosure and the legal liability for unreasonable disclosure of information.In the system of credit balance vesting,it is clarified that the balance of the donation belongs to the social charity,unless otherwise specified in the donation agreement. |
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