Study On Legal Issues About Personal Online Solicitation

In the three decades since the reform and opening up,China's economic construction has made remarkable achievements.However,since we are in a crucial period of reform and an economic transition,the issue of the gap between rich and poor will persist for a certain period of time.In our country,a considerable number of disadvantaged groups still need the care of the society,and charity donation has become a scarce resource.The popularity of the Internet and smartphones has brought more possibilities.More and more caring people are using their own means to make charitable donations through the Internet.Due to the low threshold of the network,fast communication,efficient and convenient,those who seek help avoid closed inefficient and complex procedures of traditional nonprofit organizations,and choose to seeking help in online social communities such as Baidu Post Bar,Know or through special online fundraising Platform for help projects.Today,personal on-line solicitation has become an important way for our country's charity donation activities.Personal network fund-raising refers to the behavior where an individual release his needs and turn to for help,to raise funds from unspecified members of the public,in order to handle the important emergency.In September 2016,the "Charity Law of the People's Republic of China"(hereinafter referred to as "charity law")called for a long time.Its introduction marked the beginning of a full-scale rule of law by China's charity.However,the "Charity Law" mainly to adjust charity fund-raising,and personal online solicitation is still in a groping stage.Due to the lack of legislation and lack of supervision,frauds,malicious speculation or the improper personal online solicitation activities such as using human search to infringe the privacy of others often occur in practice.These real risks undermined the rights and interests of donors and other people who in need of assistance,challenged the moral bottom line of the public,undermined the original charitable philanthropy environment and disrupted charitable donations.Upon analyzing the typical cases that occur in practice,the real risks caused by the blank of legislation are as follows: the disclosure of fund-raising information is unrealistic and inadequate;The limitation of personal information disclosure and privacy protection of fundraisers;there are obvious management loopholes of fund-raising platform.And the legislative issues of personal online solicitation mainly include : lack of clear standard of qualified subjects;the rights and obligations of the fundraising platform are not clear;the ownership of the remaining donation is not clear.The following measures shall be taken in order to regulate and promote healthy development of personal online solicitation: First,accelerate the legislation to improve relevant laws and regulations on personal online solicitation.Including make a clear standard of qualified subjects,distribute rights and obligations of all participants,establish a system of information disclosure and a clear standard of the ownership of the remaining donation.Second,improve the regulatory system for personal online solicitation,establish a full-scale regulatory model covering the government-led regulation,the fund-raising platform regulation,grass-roots organizations and social public assist supervision.