Research On The Legal Regulation Of Donation-Based Crowdfunding Platform

As one of the forms of crowdfunding,donation-based crowdfunding is a new product of Internet finance.It has developed rapidly and expanded continuously,by its convenient form of fund raising and efficiency,since its emergence and provided a new option for those in need of funds,and has been applied in many fields.Because of the similarity between its characteristics of gratuitousness and the connotation of charitable organization,it has been widely used in the field of personal serious disease relief.However,the regulatory perfection of donation-based crowdfunding lags far behind its development speed.Individuals make use of donation-based crowdfunding and turn it into a tool to seek personal benefits,which deviates from the intention of donors to help others,causing a very bad social impact.In addition to the lack of selfdiscipline on the moral level,the legal nature,legal obligations and responsibilities of donation-based crowdfunding platforms have not been clarified on the legal level,and the platform's failure to fulfill its duties is also an important reason.Therefore,it is of great practical significance to strengthen the regulation on donation-based crowdfunding platforms on the legal level.This paper first makes a preliminary elaboration on the business development,existing business chaos and relevant laws and regulations of donation-based crowdfunding in China.In order to clarify the code of conduct of the donation-based crowdfunding platform and confirm the obligations of the platform,it is necessary to clarify the legal positioning of the platform,and the premise of clarifying its positioning is to sort out the legal relationship of donation-based crowdfunding activities and analyze their legal nature.Combined with the above contents,this paper analyzes the existing theory,including donative contract,agent behavior and the trust relationship,and the author believes that donation-based crowdfunding form the legal relationship of intermediary contract,so the legal position of the donation-based crowdfunding platform should be the intermediator of the intermediary contract relationship.And the characteristics of the donation-based crowdfunding platform and its main business content are hereby analyzed.This paper summarizes the most important business contents such as information review,information disclosure and money management in the business development process of donation-based crowdfunding platform,and analyzes the key points of legal regulation on the relevant business of donation-based crowdfunding platform according to the specific business contents.Combined with the existing problems in current practice and the legal positioning of crowdfunding platforms,the problems in information review,information disclosure and money management in the practice of donation-based crowdfunding platform are analyzed.At last,the paper gives some suggestions on the regulation of crowdfunding platform.First of all,in combination with the practice of the donation-based crowdfunding,this paper argues that the donation-based crowdfunding platform as intermediator bears legal obligations than general intermediator,the legal positioning of the donation-based crowdfunding platform cannot be limited to the general provisions on intermediaries in the Civil Code.It is necessary to supplement the existing legal norms according to their particularity,so as to clarify the legal nature of donation-based crowdfunding platform.In addition,the information review obligation and information disclosure obligation of the donation-based crowdfunding platform should be further strengthened to improve the standard and scope of information review.Meanwhile,the management rules for raising funds on the platform need to be further adjusted to ensure the effective management of raised funds on the platform based on the clear third-party custody rules for raising funds.