Research On The Legal Regulation Of Individual Online Fundraising

As a new model,personal online fundraising provides help for many people in trouble with its speed and convenience.At the same time,there are also a lot of online fundraising platform for "fraudulent donation" and "fraudulent donation" behavior.On the one hand,the occurrence of this phenomenon propagates the wrong understanding and values,on the other hand,it also seriously hinders its own healthy development.At present,as far as our country is concerned,there is still a lack of legislation and supervision on personal online fundraising.Therefore,it is very important to perfect the legal regulation of personal network fundraising in our country,so as to make it walk into a healthy development track.In addition to the introduction,this paper is divided into four parts.The first part is an overview of individual online fundraising.In this part,firstly,the concept and legal characteristics of personal network donation are defined.Secondly,the legal definition of personal network fundraising is analyzed.Then it analyzes the characteristics,operation mode and legal status of personal online fundraising platform,and illustrates its particularity through its role in the process of personal online fundraising.Finally,the author analyzes the rights and obligations of the subjects in all aspects of personal network fundraising.The second part starts from the overseas legal regulation of the fundraising industry and studies the experience which is worth learning and learning in China.The development of overseas fund-raising activities and the status of legal regulation are more perfect than those in China.This part introduces the supervision and legal regulations of the United States,the United Kingdom and France in relevant aspects,which is of great reference significance to the development of online fundraising model in China,especially the development of individual online fundraising.The third part analyzes the problems and challenges in the development of personal network fundraising in China.First of all,China does not have a clear law on personal network fundraising,which leads to our personal network fundraising in the occurrence of problems,can not be relied on.Second,in practice,there is no specific department to regulate it.In practice,the civil affairs department responsible for the supervision of online fundraising is passive and passive in the supervision of personal online fundraising.Finally,the obligation of online fundraising platform is not clear,which also increases the difficulty of accountability.The fourth part is a preliminary exploration of the regulatory path of individual online fundraising.First of all,we should perfect the legislation of personal network fundraising in our country and fill the legal blank in this field.Secondly,through the specific provisions to determine the rights,obligations and legal responsibilities of the online fundraising platform,so that the fundraising platform in the legal framework of the standard operation.Third,strengthen the supervision,including the establishment of personal network fundraising qualification certification and information audit and disclosure mechanism.Fourth,to pay attention to the use of funds and the disposal of remaining funds in the personal network fundraising,not only from the process of regulation but also from the legal responsibility for the provision,from the root of the "fraud","fraud" events occurred.