Research On The Civil Law Regulation Of Online Charitable Donation In China

With the wide application of Internet in modern society,charitable donations are also increasingly going online,a new way of giving has emerged,which has broadened the channels for the development of modern philanthropy.Online charitable donation is an act of charity donation made by the project sponsor through various online platforms to release the information for help.After the donators read the informations,they completes the donation through the online platform.Due to the different qualifications of the sponsors of charity projects,there are also different categories of online charitable donations.One is more similar to traditional charitable giving,in that both the donor and the beneficiary are an unspecified number of people.The other kind of online charitable donation is made by the non-specific majority to the specific natural person.The former kind of online charitable donation is still the adjustment category of China’s charity legal system,as for the latter kind of online charitable donation,no laws and regulations have been explicitly adjusted,which can only be regulated by referring to the contract law and other civil laws,thus left the development space for the network charitable donation chaos.In general,China has not issued special laws to regulate online charitable donations,and the existing system cannot cover all types.Based on the legislative flaws,there are also many problems with online charitable donations,for example,donators’ rights are not guaranteed,online platform has not been effectively regulated,the civil liability investigation mechanism is not sound and so on.Online charitable donation is the act between equal civil subjects in the final analysis,and its central legal relationship is donation contract.Therefore,the civil law is the basis for the current legal regulation of online charitable donation in our country,specific from the following four aspects:First,the current legislation should be improved,including the legality of soliciting donations for help and the regulation that online charitable donations should be regulated by civil law.Second,we should strengthen the protection of the donor’s rights,clarify the civil rights enjoyed by the donor,ensure the privacy of the donor isnot violated,and establish the ownership of the residual property of the donor.Third,standardize the operation of online platform,clarify its legal status,establish the standards of project review and build the mechanism of information disclosure and privacy protection.Fourth,to establish a civil liability system for online charitable donations,the specific measures are to establish the principle of imputation of civil liability,to clarify the defense of civil liability and to specify the way of right relief.Through the civil law regulation of online charitable donations,the healthy and orderly development of online charitable donations can be promoted.