Research On The Infringement Liability Of Individuals For Crowdfunding Platform

In recent years,the exposure of scandals such as the frequent occurrence of scams and donations,and the "sweeping-off" push-ups,have pushed personal help crowdfunding platforms to the forefront,and at the same time exposed China’s personal help crowdfunding platforms.Legal regulations are still lacking.At present,China does not have a specific legal system for individuals to seek online crowdfunding,which has resulted in the confusion of the individual’s liability for crowdfunding platforms’ liability for infringement and controversy.Therefore,based on this,this article will clarify and analyze the infringement liability of individuals seeking help from the crowdfunding platform.The first part analyzes the cases of personal help online crowdfunding in practice,leading to the thinking of whether the personal help crowdfunding platform should bear the tort liability,and separately demonstrates that the personal help crowdfunding platform bears the tort liability from the actual requirements and theoretical basis.necessity.Therefore,it is proposed that the current individual asks the crowdfunding platform to bear the liability for infringement.The second part mainly discusses the determination of the infringement liability of individuals seeking help from the crowdfunding platform.Based on a trade-off analysis of the no-fault liability principle and the fault-responsibility principle,it is considered that the fault-attribution principle is more appropriate.Based on the consideration of the difficulty of proof by the rights victim and the individual’s help on the crowdfunding platform,it is relatively easy to consider.In addition,the four constituent elements of liability for infringement are analyzed one by one for the crowdfunding platform for individual help.The third part mainly discusses the individual’s liability for infringement on the crowdfunding platform.The author analyzes the inadequacy of requiring joint and several liability when a person seeks help from a crowdfunding platform to indirectly lead to the damage caused by the infringement of others,from the two aspects of theoretical basis dilemma and judicial application dilemma feasibility.