Research On Legal Issues Of Crowdfunding Based On Private Interest Relief

Private interest relief crowdfunding refers to a kind of crowdfunding in which individual citizens ask for help through Internet crowdfunding platform because they are in trouble,and investors(donors)give goodwill in the form of funds.The vigorous development of new things and the natural lag of statute law lead to the frequent occurrence of opportunism in the crowdfunding activities of private interest relief in recent years.Based on the analysis of the legal relationship between the parties in private interest relief crowdfunding(Chapter 2),this paper focuses on the four practical problems in crowdfunding,including false crowdfunding,abuse of crowdfunding funds,ownership of surplus funds and civil fraud relief dilemma.It is divided into four chapters(Chapter 3,Chapter 4,chapter 5 and Chapter 6)This paper concludes the necessity of legislation regulating private interest relief crowdfunding,and focuses on the legislative regulation of such crowdfunding,and puts forward feasible suggestions for the specific system design(Chapter 7),in order to promote the healthy development of private interest relief crowdfunding,fill in the deficiencies of social security system and philanthropy,and improve the socialist legal system with Chinese characteristics and promote national governance The modernization of the rational system has made a contribution.In addition to the introduction and conclusion,this paper is divided into seven chapters.The first chapter is about the definition and development of crowdfunding based on private interest relief.This chapter first defines the concept of private interest relief crowdfunding,expounds the concept and characteristics of donation based crowdfunding,and combs in detail the similarities and differences between private aid crowdfunding and several similar models;at the same time,it introduces the development status of private interest relief crowdfunding at home and abroad and the relevant domestic legislation in detail;finally,it puts forward the private interest relief crowdfunding These problems become the basis of the third,fourth,fifth and sixth chapters.The second chapter is "the legal relationship of private interest relief crowdfunding".This chapter first discusses the legal relationship between the sponsor and the seeker,the legal relationship between the seeker and the donor,and the legal relationship between the seeker(sponsor),the crowdfunding platform and the donor.On this basis,this chapter analyzes the rights and obligations of the sponsors,the rights and obligations of the donors,and the rights and obligations of the crowdfunding platform.The third chapter is "information disclosure of helpers and review of crowdfunding platform".This chapter first combs the theoretical basis of the information disclosure of helpers,namely the theory of the right to know and the theory of public order and good customs;secondly,it fully discusses the conflict and balance between the information disclosure of the help seekers and the protection of the personal information of the helpers.In order to balance these conflicts,it is necessary to strengthen the review of the public funding platform;finally,the necessity of the crowdfunding platform to review the information of the helpers is discussed Through the dual consideration of theory and practice,the conclusion that the reasonable form of review is "the combination of formal review and limited substantive review" is reached.Chapter four "rational use of funds raised and supervision of crowdfunding platform".This chapter first discusses that based on the negative externality theory and stakeholder theory,the crowdfunding platform has the regulatory responsibility for the rational use of the raised funds;secondly,this chapter discusses the dilemma of the implementation of the regulatory responsibility of the crowdfunding platform,that is,the regulatory responsibility is not a legal obligation,but also due to the failure of the contract;finally,the crowdfunding platform is responsible for the fund-raising projects This paper analyzes the supervision mode of rational use,and discusses the reasonable choice of supervision mode.Chapter five "reasonable ownership of the remaining funds and supervision of crowdfunding platform".This chapter first discusses the ownership of the surplus funds of private interest relief crowdfunding.There are three views: first,it belongs to the helpers;second,it belongs to the donors;third,the remaining funds are managed by a third party.The second section of this chapter mainly discusses the reasonable ownership of the surplus funds of private interest relief type crowdfunding from the perspective of interest measurement.On the basis of comprehensive consideration of freedom,order,justice and efficiency,the author thinks that it is a proper institutional arrangement to return the surplus funds to the crowdfunding platform for subsequent processing when the causes of private interest rescue type crowdfunding are lost.Chapter six "civil fraud in crowdfunding of private interest relief".This chapter first describes the composition of civil fraud in private interest relief crowdfunding,and discusses the forms and behavior attributes of such fraud;at the same time,this chapter also discusses the litigation types of civil fraud in private interest relief crowdfunding: joint litigation and representative litigation can be used as litigation types for donors to protect their rights,but it can also be brought by crowdfunding platform on behalf of civil fraud Be fair and efficient.Finally,the author discusses whether the crowdfunding platform should bear joint and several liability in case of civil fraud of private interest relief crowdfunding.The seventh chapter is "the legal construction of private interest relief crowdfunding".This chapter first discusses the necessity of legislative regulation of private interest relief type crowdfunding;secondly,the author proposes the theoretical basis and legislative regulation mode of legislative regulation of private interest relief type crowdfunding;finally,on the basis of the above theoretical and practical discussion,the author puts forward the core system design ideas of private interest relief type crowdfunding,including four main aspects: 1 It is the system design of pre prevention platform access,information review and information disclosure;the second is the system design of the supervision system of crowdfunding fund platform;the third is the system design of supervision after the event-reasonable use of surplus funds;the fourth is the relief mechanism-the system design of platform responsibility and litigation.