| As Internet technology influences people’s lives more and more deeply,it gradually begins to change all aspects of people’s lives and also inevitably changes the way people help with each other.More and more online fund-raising platforms have sprung up.The place where people ask for help from other members of society when they are suffering from illness or in trouble is also changing from "offline" to "online".Personal help function of the online fund-raising platform is being used more and more widely.It is undeniable that the online fund-raising platform has expanded the channels for social assistance,but in recent years it has also been chaotic.In 2019,the Deyunshe Crosstalk actor Wu Hechen’s "fraudulent donation" event happened,and Shuidichou platform and its user Mr.Mo engaged in a lawsuit;Shuidichou platform looked for help seeker in hospital from door to door.These all expose many problems with personal help seeking on the online fund-raising platform.Problems including frequent occurrence of fraudulent donations,imperfect government monitoring mechanism and unclear responsibilities between online fund-raising sponsors and platforms are in urgent need of solution.The problems exposed by personal help seeking on online fund-raising platforms damage the public’s love and the credibility of the Internet public philanthropy.In the long run,this will aggravate social indifference and harm the healthy development of social charity.This article draws the topic with the first case of individual help seeking under sickness in China in 2019,defines the concept of personal help seeking under the online fund-raising platform,and clarifies the justification of this behavior and the need for regulation.I analyzed the legal relationship between individuals seeking personal help on the online fund-raising donation platform,and combining the process of personal help seeking and classic cases,I present the problems of personal help seeking on the online fund-raising platform,and propose reasonable suggestions.The article is divided into 4 parts,and the main contents are as follows:The first part defines the basic concepts involved in this article,such as the online fund-raising platform and personal help seeking,and analyzes the necessity of personal help seeking regulation under the online fund-raising platform.The second part analyzes the property of personal help seeking under the online fund-raising platform,the legal relationship between the sponsor,the help seeker,the online fund-raising platform and the donor,and analyzes the rights and obligations of the four subjects at the same time.The third part combines the typical case of Mr.Mo and the analysis of the legal relationship of personal seeking help under the online fund-raising platform in the second part,divides personal help seeking into three stages and analyzes the problems of legal regulation in each stage,for example,the access conditions for personal help seeking are not clear;the online fund-raising platform lacks effective review approaches;the government is lack of supervision mechanism,and the legal responsibilities of the online fund-raising platform and help seeker are unclear.The fourth part puts forward specific suggestions on the problems of personal help seeking on the online fund-raising platform,including clearing the access requirements for personal help seeking under the online fund-raising platform,broadening the review channels of the online fund-raising platform,establishing a sound supervision system,and clarifying the subject’s legal responsibilities,guides the "personal help seeking" to proceed in an orderly manner. |
