| With the rapid development of Internet technology and the popularization of social platforms,the "Internet + Charity" model has appeared in people’s lives.The phenomenon of individuals seeking financial help through the Internet has gradually increased,especially when there is a shortage of funds for the treatment of major diseases.Under the circumstances,the way of seeking relief from the public through third-party platforms is increasingly accepted by more people.This new way of donation has become an important part of my country’s philanthropy.Compared with other public welfare activities with strict organization and complicated procedures,it is more convenient and flexible for individuals to seek help from serious illnesses on the Internet.As an emerging charity model,my country’s laws and regulations have not yet clearly stipulated the behavior of individuals seeking help from serious illnesses on the Internet.In the absence of legislation,many hidden dangers in the operation of this field are increasingly exposed.Among them,what is particularly prominent is that when the cause of assistance disappears,how to handle the ownership of donations has become an urgent problem to be solved.This issue has also become the focus of controversy in all sectors of society.If it is handled improperly,it will not only affect the enthusiasm of donors for donation,but may also hinder the healthy development of social charity.It is against this background that this article starts from the country’s first case of seeking help from a serious illness on the Internet.First,by analyzing the focus of the case,it leads to the substantive legal issues implicit in it,that is,the ownership of online donations.Secondly,on the basis of clarifying the behavior of online donations and the attributes of the legal relationship between the subjects,combined with the successful experience of the United States and the United Kingdom in the ownership model of online donations,it is proposed that my country should build on the existing legal provisions and legal principles.Learn from the British restitution trust system to return the ownership of donations to the donor.However,considering the return cost and operability,it is more reasonable to use the principle of approximation to hand over donations to charitable organizations for similar relief projects.Finally,some suggestions are put forward to protect the ownership of donations for personal illnesses on the Internet in my country.It is hoped that the love of the public will continue to be passed on and the society will be more harmonious because of this. |
