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Administrative Task And Effective Regulation Of Online Fundraising Platform

Posted on:2022-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2506306458497064Subject:Master of law
Abstract/Summary:PDF Full Text Request
Online fundraising platform,as a new way of fundraising,has been well known to the public,but since its birth,the phenomenon of irregular fundraising involving the platform has been frequent,which has a great impact on social integrity,and it is in urgent need of effective supervision by administrative organs.However,due to the large number of users and frequent information exchange,it is difficult to comprehensively supervise the Online fundraising platform only by relying on limited governmental regulatory resources.Therefore,in order to regulate the Internet donation platform,the state has issued a series of laws and regulations,in the form of teaching the administrative task of the Internet donation platform by laws and regulations,and cooperating with administrative organs to regulate the Internet donation platform.Under the cooperative regulation,the cooperation between government agencies and platforms will improve the efficiency and effect of the platform regulation.The cooperative regulation of this mode needs to be considered in nature,perfected in theory and optimized in practice.From the perspective of practice,this paper studies the nature and legitimacy of the act of giving administrative tasks to the platform by legal courses,and proposes optimization Suggestions on the legislation and enforcement of cooperative regulation on the basis of summarizing the defects in practice.The first part of this paper summarizes the identification and status quo of the administrative tasks assigned to the online fundraising platform.On the basis of clarifying the relevant concepts in this paper,the typical anomy of online fundraising platform is summarized.This leads to the need for urgent government regulation of the platform fundraising chaos.The second part of this paper discusses the nature of the administrative tasks assigned to the online fundraising platform.This paper focuses on the theory of privatization,the theory of social self-regulation and the theoretical attribute of the behavior of administrative task assignment from the perspective of third-party obligation theory.Then,according to China’s existing laws and regulations on administrative tasks assigned to platforms,the nature and attributes of administrative tasks assigned to Internet donation platforms by high-power subjects are clarified,and on this basis,the relationship and difference between this behavior and administrative entrustment and administrative authorization in China are compared.The third part of this paper studies the legitimacy of the administrative tasks assigned to the online fundraising platform.Its legitimacy includes two aspects:the first is the legitimacy of the reason why the platform is taught the administrative task,and the second is the legitimacy of the constitution and administrative law theory.The theory of social joint relationship and the principle of responsibility and conceit constitute the legitimacy of the reason why the platform is taught administrative tasks.The social state,the rule of law and the principle of subsidiarity constitute the legitimacy of the theory of constitution and administrative law that the platform is taught to administrative tasks.The fourth part of this paper is to sort out the difficulties in the practice of administrative tasks taught to Internet donation platform.This chapter puts forward four points that need to be improved,namely,the lack of boundaries of administrative tasks,the malpractice of accountability of administrative tasks,the consideration of the cost of performing administrative tasks on the platform,and the defects of the rights protection of users regulated by the platform.The fifth part of this paper puts forward specific Suggestions on the optimization of the administrative task of the Internet donation platform in legislation and law enforcement.In terms of legislation,the scope of administrative tasks can be determined in law to protect the legitimate rights and interests of the platform.At the same time,we should optimize the platform accountability and build a reasonable accountability system.On the basis of setting up the incentive mechanism of the platform,it promotes the dynamic balance of regulation cost.In the aspect of law enforcement,a multi-dimensional supervision mechanism should be established to ensure the quality of task performance.We will attach importance to and optimize the blacklist system for dishonest fund-raisers and strengthen cross-platform information interconnection.Finally,the legal rights and interests of users should be protected to ensure the justice of regulation procedure.
Keywords/Search Tags:online charity, public-private partnership, administrative tasks, privatization, social self-regulation
PDF Full Text Request
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