Research On Several Legal Issues Of Crowd-funding For Individual Serious Disease In China

When a serious disease unexpectedly befalls,many families will face economic and spiritual pressures.With the rapid development of crowd-funding,many people tend to use the crowd-funding platform to raise funds to ride out the storm in the face of high medical costs,which also promotes the rapid development of crowd funding for individual serious disease in China.Crowd-funding for individual serious disease is a kind of donation behavior for private benefit from the aspects of connotation and extension and its essential attribute is purposeful gift with the help of crowd-funding model.However,the development of a new thing always has its benefits and challenges.While recognized by the industry,crowd-funding is also questioned by the society.Particularly,when the "fraud donation scandal" occurred,it cast a shadow for the development of crowd-funding for individual serious disease.In this case,not only does the Internet crowd-funding can’t be fully made use of,but also will harm the system establishment of social justice and integrity.Therefore,this article will discuss several legal issues starting from the public doubts,and also put forward corresponding proposals,hoping that the public love can be passed and the community can be more harmonious.Firstly,legitimacy is a premise for the development of things.Currently,a doubt of crowd-funding for individual’s serious disease is that this behavior is related to independent personal donation which has no legitimacy.However,in terms of provisions interpretation of Charity Law,legitimate rights of citizens and the legal status of crowd-funding platform,crowd-funding for individual’s serious disease is involved in personal help-seeking behavior instead of independent personal fundraising and the crowd-funding platform doesn’t disguisedly fundraise.Therefore,crowd-funding for individual’s serious disease doesn’t violate corresponding regulations,which is a legal behavior.Secondly,crowd-funding for individual serious disease exists another problem that it is difficult to safeguard funders’ right to know.And the right to know is a legal right based on the purposeful gift contract and its protection is an effective way to prevent fraudulent donation.However,the funders’ right to know can’t be guaranteed ideally in practice.Therefore,it is necessary to refine current provisions in information disclosure system,enforce the help-seekers to disclose relevant information and specify the important information which should be disclosed.Thirdly,the behavior that some help-seekers keep the remaining funds for their own appropriation has been one of reasons why the public puts forward the doubt that crowd-funding for individual serious disease is fraudulent donation at present.Therefore,it is necessary to deal with the remaining money in the most reasonable way.Based on legal principle and existing regulations,the help-seekers should return the remaining money to funders.But in view of return cost and operability,it is more reasonable to give charitable organizations for the relief of same type and the funders’ right to know should be fully respected during the process.