Discussion On Civil Law Issues Of Online Public Welfare Crowdfunding

Online public welfare crowdfunding breaks the limitations of time and space by virtue of its openness and commercial characteristics,and has become a brand-new public welfare crowdfunding model.Its emergence and development not only opened up new channels for my country’s public welfare enterprise,but also continued the traditional virtues of the Chinese nation of helping others.Commercial crowdfunding is obviously profit-oriented,and public welfare crowdfunding is more symbolic,and the spiritual return obtained is much higher than the donation amount.Compared with traditional charity,online public welfare crowdfunding is full of human touch and is in line with economic and social development.The crowdfunding model is similar to the Internet public crowdfunding,but due to the limitation of the crowdfundingr’s qualifications,it is difficult to use the Charity Law to regulate.The strong friendship and warm love spread quickly with the help of Internet technology.There is a saying in the law that "if law is not forbidden,it is freedom." In order to effectively regulate such new things,my suggests are to analyze the nature of related behaviors,legal relationships and legal issues with the perspective of civil law,in order to expect its healthy development.Therefore,this article takes "On the Civil Legal Issues of Online Public Welfare Crowdfunding" as the topic,and first writes on the legal characterization of public welfare crowdfunding platforms,and believes that the role of public welfare platforms should be provided by an "intermediary" online trading platform.By secondly,the fundraisers and the donor have an obligation-based gift,the fundraisers and the platform have an intermediary contract relationship,and the platform and the donor are somewhat similar to the trust contract relationship,but they cannot be fully mapped.It is clarified that fundraisers can initiate requests for help and obtain donations,but they should ensure that the information requested is true and use the donations reasonably;donors have the right to understand,inquire,supervise,and object to public welfare crowdfunding to protect their legitimate rights and interests;public welfare platforms have obligations of review,supervision and protection,while enjoying certain platform autonomy.As a new thing,the development of online public welfare crowdfunding inevitably has problems: the ownership of overflow donations is unknown,donors have no right to revoke arbitrarily,and the crowdfunding platform does not know what kind of civil liability or how to bear it.Such as these,we urgently need to explore and improve.Therefore,the author derives from the property rights change and the relevant provisions of the trust property that the ownership of the overflow donations should belong to the donor;donors should have the right to withdraw,but the rights are exercised within a time limit;it is recommended that the crowdfunding platform bear tort liability of civil can better protect the rights of donors.At the same time,drawing lessons from the US "JOBS Act" and "Crowdfunding Regulations" set four main statutory obligations for public welfare platforms;public welfare crowdfunding platforms do not assume responsibility for guarantees in principle,but they must bear joint and several liability with fundraisers.