| Despite the breakthroughs made in the economic and cultural construction of socialism with Chinese characteristics over the past thirty years,we are still in the strategic period of reform and opening up and the historical transition period of socialist market economy development,and the problem of disparity between the rich and the poor will continue to exist for some time to come.At present,there are a considerable number of disadvantaged people in China who need to be cared for by society.As a result,crowdfunding has become an important resource for these groups to obtain help.Instead of using the traditional closed and inefficient public welfare organisations with complicated procedures,people choose to use internet platforms such as We Chat’s circle of friends and microblogs to publish information about their requests for help or use special online crowdfunding platforms to launch their projects.At this stage,the new crowdfunding model of personal help-seeking crowdfunding is occupying a prominent position in private crowdfunding activities.In September 2016,the Law of the People’s Republic of China on Charity(hereinafter referred to as the "Charity Law")was officially introduced,bringing China into the era of comprehensive rule of law.However,personal help-seeking crowdfunding is still in a fumbling stage,in the grey area of existing legislation.The current regulation of personal help-seeking crowdfunding relies only on the Charity Law,the Civil Law and the Contract Law,but there are no laws and regulations that specifically address this behaviour,leading to frequent incidents of fraudulent and deceptive donations and other incidents that affect social harmony in practice.This article analyses the current state of development of personal crowdfunding and the problems that arise in practice from a jurisprudential perspective,firstly identifying the concept of personal crowdfunding based on its conceptual features.Secondly,it analyses the laws and regulations on which it is based,the current state of development of the platform and the rights and obligations of each party from both legislative and practical perspectives.In summary,the author believes that the following problems exist in personal crowdfunding: firstly,the information management system is not perfect,secondly,there are problems with the supervision of third-party crowdfunding platforms,and thirdly,there is a lack of clear legal regulation of personal crowdfunding.In contrast,the author gives recommendations to improve the information management system and establish a regulatory system for third-party crowdfunding platforms,as well as to legally regulate personal help-seeking crowdfunding.In this way,the system of personal help-seeking crowdfunding can be strengthened and improved to build a harmonious and modern society. |