Research On The Legal Relief Of Fans' Fund-Raising Disputes

With the rapid development of Internet + entertainment culture industry in China,setting off a frenzy of star-making and promoting a flourishing development and the impact trend of the fans economy in our country.The fans' fund-raising is a behavior under the economic effect of idol economy to raising money from the idol's fans,based on the fans' love for the same idol as the intrinsic driving force,for the purposes of buying the voting securities for the idol's talent show,making the peripheral support goods,celebrating idol's birthday,supporting idol's concerts or public welfare charity and other support activities,organized by professional fans and fans groups,promising not to reward with monetary gain.However,the current fans' fund-raising is wanders in the legal gray area,many risks and disputes abound,like fund-raising processes and flows are not clear,fund-raising details are confusing,making fraudulent votes to earn the difference,committing the crime of fraud and embezzlement,caused market turmoil in the fans economy.After the fans' collective revelry,fans' fund-raising has fallen into the dilemma of difficulty of rights protection and no supervision.Therefor,this paper try to start from the typification of the fans' fund-raising,by making the right legal nature of the fans' fund-raising,helping it getting out of the legal gray area.And Systematic construction of legal relief mechanism Besides,tries to build a systematic construction of legal relief mechanism to solve the disputes of the fans' fund-raising by providing the subsequent judicial remedy and the prior regulation relief system,hope can resolve the dilemma of difficulty of rights protection and no supervision.This paper is divided into four parts except the introduction and conclusion,the basic content is as follows:The first part is the typification of the fans' fund-raising.According to the three standards of the initiator of fund-raising,the way of fund-raising and the content of fund-raising publicity,getting the typification of fans' fund-raising,this is the necessary premise for the right legal nature of the fans' fund-raising.The second part is the legal nature of the fans' fund-raising.By distinguishing the fans' fund-raising from illegal fund-raising case,and on the basis of determining its legitimacy,defining it legal quality as civil juristic act by comparing with Internet crowdfunding.Specifically,the initiator and fans shall form a gift contract with duties or sales contract,the initiator and fan respectively shall signing a service contract with the third-party platform.By clarifying the civil legal relationship and legal responsibilities of the main parties involved in the fans' fund-raising,and brought into the supervision of the legal system.The third part is the subsequent judicial relief remedies of fans' fund-raising disputes.In response to the numerous legal disputes arising from the fans' fund-raising,by providing three judicial remedies,namely,the assumption of criminal liability,the representative litigation,the parallel of the representative litigation and individual litigation,defending the legitimate property rights of many fans,let the judicature Justice playing a role in the last line of defense for fairness and justice.The fourth part is to construct the prior regulation relief mechanism of fans' fund-raising disputes.In response to the market failure of fans' fund-raising,with the systematic construction of the prior regulation mechanism,namely,by the tripartite collaborative efforts of the organizations' autonomous management standardized,the third-party platform's information audit and supervision,the government long-term supervision and guidance mechanism.Greater transparency in the accounts and the flow of information of fans' fund-raising,and Effectively prevention on controlling the evolution of financial risk to legal disputes through multi-parties' supervision.