Research On Legal Issues Of Donation-based Crowdfunding In China

The Donation-based Crowdfunding is a new type of public welfare fundding model of“Internet+public welfare+crowdfunding”,which provides a new channel for promoting the development of public welfare undertakings and solving the issues of personal assistance.However,due to its commercialized operation,the crowdfunding of public welfare distinguishes itself from the traditional charity fundraising as well as charitable donations,thereby,it presenting new characteristics and problems.And this is mainly reflected in the fact that there is no clear legal definition of the crowdfunding of public welfare in China;there is a decussate and complicated current situation between legal relationship and Donation-based Crowdfunding;then there is a lack of effective supervision of the operation in Donation-based Crowdfunding;etc.This thesis attempts to determine the basic definition of the crowdfunding of public welfare,analyze various legal issues in Donation-based Crowdfunding specifically,elaborate the legal relationships of all parties,and ultimately make suggestions for the development of Donation-based Crowdfunding.This thesis is divided into four parts.The first part is an overview of Donation-based Crowdfunding.And through the analysis of the modes and characteristics of Donation-based Crowdfunding in China,it is considered that the connotation features of Donation-based Crowdfunding are manifested as public welfare and the gratuitous.Also,claiming Donation-based Crowdfunding is the public's unpaid investment in social public benefit undertakings.The second part points out the legal issues and causes of Donation-based Crowdfunding in China.By summarizing typically representative legal issues,concretely illustrating that there are no legal provision for Donation-based Crowdfunding,the review and disclosure of information is not comprehensive,the process of funds management is not transparent,the protection of personal privacy is lacking,the legal remedy system is not perfect,etc.The reasons for these legal issues are the shortage of clear and standardized legislation,complicated legal relationships,and lack of legal supervision.The third part is the civil legal analysis of Donation-based Crowdfunding in China.It is proposed that the Donation-based Crowdfunding has the characteristics of an overall complex legal relationship.As a logical starting point,it is necessary to clarify the nature,rights,obligations and legal responsibilities of different entities.At last,in the fourth part,it proposes toimprove the Donation-based Crowdfunding in China by enhancing the legislative system,boosting the supervision mechanism and constructing diversified dispute resolution methods.