Research On The Legal Regulation Of The Private Donation Platform

The new fund-raising way of Internet donation has sprung up rapidly in China,which is caused by the rapid development of Internet and the transmissibility of Internet information in recent years.In particular,it becomes an important fund-raising way for those who are in trouble or whose relatives and friends are in trouble,to ask for help from the Internet.Thus,a large number of fund-raising platforms are emerging.However,there are very fewer corresponding regulations.As time goes on,this fund-raising way characterized by efficient and convenient operation,which is feasible to help the initiator to get out of the predicament quickly,also attracts the great social attention and controversy.At the same time,the public's trust in the new type of Internet donation,has been weakened by the endless cheating and fraud events.Meanwhile,more and more people begin to question Internet fund-raising platforms.According to the Charity Law of the People's Republic of China(Hereinafter referred to as "the charity law")implemented officially on September 1st,2016,it makes corresponding provisions about the Internet donation of charity organizations.However,it leaves a "gap" to individual Internet donation.No uniform opinion on how to define personal network donation in academic circles is formed.However,in terms of judicial practice,there is still no law on a lot of phenomena that individuals participate in donation on Internet fund-raising platforms.According to the Measure for the Management of the Public fund-raising platform Service(Hereinafter referred to as "the management measure")issued by the Ministry of Civil Affairs of the People's Republic of China and the Ministry of Industry and Information Technology on August 30 th,2016,it makes a brief provision for individuals to release help information through Internet service providers.In other word,it is necessary for Internet service providers to give risk prompts at a prominent position and notify the authenticity of donor information in the charge of publishers.However,from the perspective of practice,it is not enough to only give risk prompts for fund-raisingplatforms.In addition,because Internet donation is a new thing,resulting in no standard industry process,the legitimate rights and interests of the parties fail to be guaranteed due to the lack of coordination among Internet fund-raising platforms.In this paper,it is attempted to explore the legal issues caused by individual Internet donation from the perspective of Internet fund-raising platforms.The paper is divided into four chapters.Some relevant concept mainly including private charitable donation and Internet fund-raising platforms is defined in the first chapter.The private charitable donation activity special for stakeholders as well as Internet fund-raising platforms to provide the relevant service is taken as the research object of this paper.The legal risk of Internet fund-raising platforms in the process of the private charitable donation business is analyzed from the perspective of hot topics in the second chapter.It is divided into the three stages of donation initiation,fund raising and payment delivery.The third chapter is focused on the exploration on the legal reason for the frequent hot topics with social influence at this stage.In terms of legislation,there is no complete law with the rights and obligations of Internet fund-rasing platforms in the process of the private charitable donation business.The private charitable donation business is not regulated in the charity law mentioned above.There are poor regulations about the development of the private charitable donation project based on Internet fund-raising platforms in some traditional laws like the Contract Law of the People's Republic of China.It is aimed to think about how to deal with the legal risks at different stages from the perspective of Internet fund-raising platforms in the last chapter.It is mainly divided into the legal risk control of Internet fund-raising platforms and the formation of industrial norms.It is necessary for these platforms to bear the obligations of information review and disclosure and reduce cheating and fraud events.In addition,the relevant legislation is less perfect nowadays.As a result,it is necessary for Internet fund-raising platforms to formulate some relevant industry policies in cooperation.Of course,it will certainly reduce the enthusiasm of Internet fund-raising platforms if their obligations are emphasized blindly.Therefore,all parties should coordinate everything.For example,achieve the information sharing between the government and Internet fund-raising platforms as well as the information connection between hospitals and Internet fund-raising platforms.It is just the long-term plan about the development of Internet fund-raising platforms.