Research On The Legal Regulation Of Platform-type Private Benefits Charity In China

With the rapid development of "Internet plus charity" in China,a new type of charitable activities emerges.On the basis of the definition of philanthropy and private benefit charity,this new charity activity is called the platform-type private benefit charity activity of the Internet,and it is defined as the help,help and care of the third party platform of the Internet donors voluntarily and gratuitous to those who are in trouble.And this kind of private benefit charity activities are divided into charitable organization led Internet "platform type" private benefit charity activities and the Internet "platform type" private benefit charity activities led by the web site,which is of great significance to the work of "accurate poverty alleviation" in China.This thesis studies three aspects of them.They are real performance,operation mode,conceptual boundary.This article defines the platform-type charity activities of the Internet which is led by charitable organizations as a charitable activity which is initiated by the fundraisers to the public of the unspecific society,and it publishes project information through the Internet fund-raising information platform.What's more,the specific individuals are the beneficiaries.The "private benefit charity" is defined as a private benefit charity activity which is launched by a person seeking help to the public.It is initiated by a non-specific public through the public website.At the same time,the first chapter also introduces the development of two types of private benefit charitable activities,among which charitable organizations collected more than 2.58 billion yuan in 2017 through 12 Internet fund-raising information platforms,and has completed more than 6.2 billion donations.The 3 head websites,"ease chip","love chip" and "water drop",have helped more than 185 beneficiaries in three and a half years.The total amount of fund-raising is more than 24.5billion yuan,and the participants have reached 490 million times.Both have made rapid development in the past few years,but the private charities on the raise website are obviously superior in volume.While the Internet "platform" private benefit charitable activities have made rapid development,there are also a series of problems in the practice,and the existing system supply can not solve these problems.Among them,the so-called "public welfare charity" is actually the "private benefit charity".That is,although the beneficiaries of such private charity activities are specific individuals,they are propaganda and operation based on "public charity".On the other hand,the Internet platform-typeprivate benefit charitable activities led by the web site are untrue and inadequate in three levels of donor,public platform and beneficiary.The right to know can not be effectively guaranteed,and other problems also appear such as the dissimilation of the donor's charitable purposes,unidentified sites,lack of public credibility,the ineffective management,use,control of public websites,potential property right disputes of beneficiaries.In view of the above problems,for the charitable organization type private benefit charity activities,since the understanding of charity activities is limited to the scope of "public welfare activities" now,the "charitable organization identification method","charitable organization public fund-raising management method" and other norms are depend on the "charity law".Therefore,charity organizations can only publicize and operate such private benefits in the name of "public charity".For the public interest charity activities,it is a thorough private benefit charity activity,and it is certainly not within the scope of the "charity law",but in addition to the charitable law and its supporting norms,there are no other legal norms to regulate such activities.Although some scholars believe that the nature of this kind of charitable activities can be identified from the perspective of the general civil law of the contract law,but the theoretical theories that have been put forward can not solve the problems faced by this kind of private benefit charity activities.On the Internet,platform-type private benefit charity activities face so many problems,and the existing system supply is insufficient,this kind of charitable activities is not underestimated at present,the problems are very many,the scope of impact is also relatively broad,and it has become an important part of the social assistance system in China.If it can not be solved in time,it will endanger the donor'swillingness to donate and affect the development of philanthropy.Therefore,in order to protect the legitimate rights and interests of public participation in such philanthropic activities,it is necessary to improve the environment of this kind of private benefit charity activities,reduce the charitable disputes,formulate relevant legal norms,and establish a complete legal system for private benefit charity activities.In addition,the charitable organizations and public interest charity activities have common points in the content and purpose of activities,but they are different in the subject,the application of legal norms,the nature of the law and the problems encountered.So should classification regulation of two kinds of private charitable activities.How to regulate the two types of private benefit charitable activities needs the theoretical basis.For the charitable organization type private benefit charity activities,the existing charity law limited "charity activities" to "charity activities" is a wrong understanding of the relationship between "charity" and "public welfare".After defining the internal culvert of the two,it is through the logic of the two.After examining the extension of the two,it can be found that the relationship between public welfare and charity is not different,the whole relationship and the subordinate relationship.The relationship between public welfare and charity should be the cross relationship in the compatibility relationship,not the "relationship" in the understanding of the charity law.However,there are many views on the legal nature of the public interest charitable activities,including the gift contract,the third party interest contract,the agency behavior theory and the interposition behavior.After the analysis of the above four views,it is found that these views can not accurately define the legal nature of such philanthropic activities and the legal relations embodied in them.After the introduction of the trust theory to analyze this kind of private benefit charity activities,it can be found that this kind of private benefit has met the four aspects required by the trust meaning and accords with the fundamental characteristics of the trust system.On the basis of trust classification theory,we can classify public interest websites' private benefit activities into private interest trusts which are intended to be beneficial to him.In view of the above analysis,since there are many differences between charitable organization private benefit charity activities and public interest charity activities,it should be classified and not applicable to the unified regulation path.For the charitable organization private benefit charity activities,because the previousanalysis has already analyzed that there is a mistake in the definition of "charitable activities" in the charity law,the scope of "charitable activities" in the charitable law should be revised and the private benefit charitable activities are included in the scope of its regulation so as to solve this kind of private benefit.Good activities face "is not the problem.For the public interest charity activities,first,because there are no laws and regulations to be regulated at present,the first need special legislation to regulate the legal relationship in the charity activities such as trust relationship,the trustee's scope and qualification,the trustee supervision and so on.Second,because of this kind of charity work,the relationship between the dynamic relationship and the trust relationship,and the rights and obligations of the three parties in this kind of private benefit charitable activities can also be confirmed according to the norms of the trust law for the rights and obligations of the trustees.Third,because the charitable activities of private benefit are kind and have the kindness of "poverty alleviation".Good purpose is similar to charitable trust,so we can learn from the "approximate principle" of charitable trust to solve the dispute about the attribution of the balance of the good money.