Research On Legal Regulation Of Public Welfare Crowdfunding Platform

With the high-speed development of network technology and new media,the life of people closely connected with the Internet,network and the product of the charitable public welfare the raise arises at the historic moment,however,new things have always faced with many difficulties and challenges,network public welfare the raised platform of the current gaps in legislation,the law of their rights,obligations and legal status did not clearly defined,Therefore,the platform’s behavior is arbitrary,which makes it face various problems in all stages of fundraising.Therefore,it is necessary to regulate online public crowdfunding platforms,so as to ensure the healthy development of China’s online philanthropy and promote the continuous progress of China’s philanthropy.Through four parts,combined with judicial cases and hot events,this paper reveals the difficulties facing our online public welfare crowd-funding,analyzes the root causes,and proposes the legal regulation path of the current online public welfare crowd-funding platform at its source.The first part introduces the focus of some cases through judicial cases and hot social events,and directly addresses the problems faced by online public crowdfunding platforms.Whether it is donation fraud case,Mo case or the most easily generated hot events in practice,all reveal the focus of online public crowdfunding platforms.Platform whether to fulfill the duty audit,the supervision of the usage of funds and deal with the problem of the remaining funds through public network and the raise of the whole stage,only to legal regulation,public welfare and the raised platform to promote the development of the network of public good,so it is necessary for public welfare and the raised platform for legal regulation,the second section analyzes the public welfare the raised platform the necessity of legal regulation.The second part first analyzes the basic theory of public interest crowdfunding platforms,and then explores the necessity of legal regulation of public interest crowdfunding platforms.The legal status of public interest crowdfunding platform,as well as the rights and obligations of the platform and the legal relationship between the platform and other subjects are introduced.There are various theories on the legal status of public interest crowdfunding platforms,such as the counter renter theory,the intermediary theory,the commission agent theory,and the network service provider theory.Based on its legal status,the platform has the right to request service fees and project management,and undertakes obligations such as audit obligations,information disclosure obligations and fund management.Based on its unique legal status,the platform has intermediary legal relationship.The last part analyzes the necessity of legal regulation of public interest crowdfunding platforms.The last part analyzes the necessity of legal regulation of public welfare crowdfunding platforms.First,it can effectively fill the gap of public welfare charity in China;second,legal regulation of public welfare crowdfunding platforms is a practical requirement for the development of online charity to a certain extent;in addition,legal regulation can alleviate the phenomenon of fraudulent donations within the platform;finally,legal regulation of public welfare crowdfunding platforms can reshape the social credibility of the platform.The third part points out the legal problems faced by online public crowdfunding platforms in the three stages of fundraising.The first is the pre-funding stage,where platforms face difficulties in vetting.Second,in the middle stage,the platform faces the dilemma of unclear use of money.Finally,the post-fundraising stage,where the attribution of the collected funds becomes the biggest problem.The post-funding stage of public service crowdfunding is analyzed,and the problems of post-funding supervision are analyzed from the perspectives of the platform,various departments outside the platform,the industry and the society.The fourth part analyzes the causes of the problems and concludes the path of legal regulation of public crowdfunding platforms.The first section,aiming at the imperfection of the legal system,improves the legal status and rights and obligations of the platform.The second section,in view of the untrue information of help seekers,should be regulated from two aspects: platform information audit and social credit system.The third section,facing the problem of imperfect information disclosure mechanism,the legal regulation path should be put forward from the aspects of subject and content,combined with the situation of each stage.Section 4: In the face of the problem of insufficient post-supervision,the regulation path can be proposed from the aspects of internal supervision of the platform,government departments and joint supervision of various departments.