Research On Legal Supervision Of Online Donation-based Crowdfunding

"Internet+" is creating ubiquitous innovation.The combination of traditional charity activities and Internet has created a new model of charity-online donation-based crowdfunding.With the popularization of participating entities and the efficient operation of the platform,it quickly occupied an important position in the philanthropy field.Online donation-based crowd funding provides more convenient and efficient ways for more people seeking help,while also letting some speculators find their way.The endless flow of "fraud donations" and "fraud donations" not only hit the development of online public welfare crowdfunding,but also impacted social values.Therefore,it is of great practical significance to regulate online donation-based crowdfunding with laws as soon as possible.As a new thing,onation-based crowdfunding must grow up in a healthy way,and it must be based on a society ruled by law.At present,online donation-based crowdfunding has been identified as an individual seeking help,and it is not yet regulated by charity law.Online donation-based crowdfunding is mainly regulated in accordance with civil law,but the popularization of participants and the wide range of social influences make it difficult to supervise.The regulation is only weak at the level of private law.A comprehensive and systematic supervision system should be established.This paper studies the current lack of legal supervision,and aims to provide legal protection for the improvement of the credibility of China’s philanthropy and practical problem resolution.It intends to make some contribution to the improvement of the Charity Law and hopes that our philanthropy will further development.After removing the introduction and the conclusion,the text is mainly composed of four parts.The first part of this paper is an overview of online donation-based crowdfunding.First,the concept of online donation-based crowdfunding and supervision is defined,and online donation-based crowdfunding is compared with online public fundraising to further clarify the research object of this article.After that,I analyzed the operating mode and specificity of online donation-based crowdfunding,and made it clear that its impact is public.Finally,from the perspective of civil law,analyze the legal relationship between the participating subjects in donation-based crowdfunding.A beneficiary and a donor shall establish a gift contract relationship with obligations.The beneficiary shall use the funds in accordance with the purpose of the donation,otherwise it will constitute a fundamental breach of contract.An intermediary contract relationship is established between the crowdfunding platform and the beneficiary and the donor.The intermediary should report the contracting opportunity to both parties to help the two sides communicate.The second part of this paper analyzes the problems in the internal and external supervision of donation-based crowdfunding platforms and the regulatory dilemma caused by the lack of relevant laws.The crowdfunding platform’s censorship information is not strict and the management funds are not standardized,which brings hidden dangers to the occurrence of fraudulent donations and other incidents.At the same time,there is no industry self-regulation outside the platform,and there is no special administrative body to supervise its behavior,which makes donation-based crowdfunding activities lack supervision.The fundamental reason for the lack of supervision is the lack of relevant laws,so it must be legally clear that donation-based crowdfunding is a charitable activity.The third part of this paper is the relevant foreign regulatory experience and its enlightenment to China.The legal supervision of crowdfunding and philanthropy in foreign countries is more complete than that in China.The analysis and sorting out of the legislation and practice of the United States,the United Kingdom,and Germany is of significance to China’s donation-based crowdfunding supervision.The fourth part introduces the preliminary idea of improving the legal supervision of online donation-based crowdfunding.It combines the regulatory issues summarized above with foreign inspirations,strives to solve the problem,and establishes a more comprehensive legal supervision system.This paper proposes to include online donation-based crowdfunding in the scope of the charity law,clarify the rights and obligations of the crowdfunding platform,fill in the legislative gaps,and make it supervised by law.To improve the internal supervision of the crowdfunding platform,the platform should increase the information review and timely disclose the use of funds at various stages.To improve the external supervision of the platform,an industry association should be established to strengthen the communication between the platforms;the main bodies of administrative supervision should be defined,the scope and authority of supervision should be defined,and the supervision bodies to perform their duties.