Research On The Legal Supervision Of The Personal Help By Crowd-funding

The personal help by Crowd-funding refers to the behavior that in order to solve their own or their family members’ life difficulties,the help-seeking person initiates help-seeking from the public through a specialized network crowd-funding platform,and uses the economic benefits obtained free of charge to solve the difficulties.In recent years,this behavior mode has played an important role in helping the poor and adjusting the gap between the rich and the poor by using the advantages of network information dissemination.However,due to the lack of supervision,the negative events such as fraudulent donations occur frequently in practice.Therefore,how to solve the current regulatory problems in the field of the personal help by crowd-funding has become an important topic for both theoretical and practical research.This paper analyzes the problem through four parts:The first part is why we should establish the supervision of the personal help by crowd-funding.First of all,the personal help seeking by crowd-funding is a kind of private interest behavior which takes specific individuals as the object of benefit.This behavior is not the charitable fund-raising regulated by the "charity law",but should be a form of innovation and development of folk relief behavior.Among them,the helpers can rely on the mode of network crowd-funding platform services to improve the opportunity and efficiency of obtaining assistance,and the social forces as the donors can also implement property donation to the help seekers through the platform to achieve accurate assistance.Because of the advantages of the extensive range of help seeking,the flexibility and efficiency of operation,that makes the personal help by crowd-funding has become an important way of social relief in China.Secondly,in the field of the personal help by crowd-funding,illegal elements often cheat property by fabricating and concealing help seeking information in practice.And in order to make profits,the network crowd-funding platform often deliberately reduces the eligibility criteria of helpers and blindly expands the number of helpers on the platform by relying on "local promotion personnel".In addition,with the exposure,there is a black industry chain to buy and sell false documents.Therefore,it is necessary to supervise the personal help by crowd-funding.Finally,through the establishment of the supervision of the personal help by crowd-funding,it is not only conducive to the protection of the rights and interests of the helpers and donors,but also to the standardized operation of the network crowd-funding platform.The second part,the supervision status and problems of the personal help by crowd-funding.From the perspective of legislation and practice,the main regulatory bodies of the personal help by crowd-funding include market supervision department,communication management department,network information department and civil affairs department.In the process of supervision,the regulatory authorities take the network crowd-funding platform as the main regulatory object,and the regulatory measures are aimed at the platform’s prior access.However,this kind of supervision has the following shortcomings in reality:As the main body of supervision,the civil affairs department lacks the relevant legal basis;the entry threshold of network crowd-funding platform is too low;lack of supervision in the process of seeking help;the legal responsibility of the platform is not strong enough.The third part is the theoretical analysis of the supervision of the personal help by crowd-funding.On the one hand,China has not yet formulated a special law for the personal help by crowd-funding,there is no unified conclusion on how to incorporate this behavior into the existing legal norms in theory.In addition,as an important regulatory object of the network crowd-funding platform,China’s legislation is also lack of targeted behavior norms.Therefore,the government departments fall into the dilemma of legal vacancy in the process of supervision.On the other hand,at present,the supervision of the personal help by crowd-funding still relies on government departments,,but it ignores the regulatory role of network crowd-funding platform itself,and fails to make full use of the advantages of industry self-discipline and social supervision in supervising the personal help by crowd-funding.The fourth part is the improvement of supervision of the personal help by crowd-funding.In order to promote the healthy development of the personal help by crowd-funding,we should establish a perfect supervision system of the personal help by crowd-funding on the premise of following the principles of legal supervision,moderate supervision and the principle of consistent rights and responsibilities.First of all,we should revise and improve the "Interim Measures for social assistance" to confirm that the personal help by crowd-funding belongs to social assistance behavior.Secondly,on the basis of the establishment of the regulatory body,specific requirements are put forward in the form of department rules for the market access,information audit and donation supervision of the network crowd-funding platform.When the platform violates the legal obligations,the regulatory authorities should investigate the legal responsibility.Thirdly,we should fully consider the role of network crowd-funding platform in supervising helpers,and explore the establishment of government platform dual supervision mode.Fourth,the government should play a guiding role,encourage and guide the network crowd-funding platform to jointly establish industry associations,and the industry associations with professional advantages should formulate self-discipline norms.Finally,we should establish the information disclosure mechanism of help seekers,strengthen the construction of social supervision network environment,and establish a smooth social reporting channel to ensure the full play of the role of social supervision.