| With the rapid development of global Internet technology and the universal application of mobile payment,a new way of fund-raising.Online fund-raising has been derived in the field of charity.Because of its more convenient and efficient characteristics,online charitable fund-raising has gradually become the mainstream choice for the public to carry out charitable activities.At the same time,because it has the advantages of transcending time and space constraints and donating through mobile payment anytime and anywhere,online charitable fund-raising has become the fastest-growing and most dynamic new charity business,It has played an extremely important role in promoting the development of philanthropy and contributed a valuable Chinese model to the development of Global Philanthropy.Online fund-raising is an indispensable and important part of China’s philanthropy,and the role of online fund-raising platform,as the central link of online fund-raising activities,can not be underestimated.Before the implementation of the charity law,the network fund-raising platform spontaneously carried out fund-raising activities.After the implementation of the law,there were clear regulations on the fund-raising activities of charitable organizations through the network platform,which marked that China’s network charity began to enter the stage of legalization development.Although the charity law and other laws and regulations regulate the online fund-raising platform,the regulations on the supervision of online fund-raising platform are relatively imperfect.For the frequent adverse phenomena such as "fraud" and "fraud" in real life,it not only needs the regulation of law,but also needs the intervention of relevant government departments and the wide participation and supervision of the public.The paper mainly includes five chapters.The first chapter is the introduction,which mainly introduces the research background and important research significance of this paper.At the same time,it analyzes and summarizes the research status of network fund-raising platform supervision at home and abroad.The second chapter is the regulatory basis of online fund-raising platform.Starting with the concept,nature and type of online fund-raising platform,this paper further analyzes the theoretical and institutional basis of online fund-raising platform supervision,and determines the necessity of online fund-raising platform supervision according to the above basis,in order to speed up the construction of platform supervision mechanism and protect the legitimate rights and interests of online fund-raising participants.The third chapter is the supervision status,existing problems and reasons of online fund-raising platform.The content of this chapter is mainly to sort out and summarize the classic cases through the analysis,so as to find the problems in the supervision of contemporary online fund-raising platforms.It is clearly pointed out that under the background of imperfect social moral integrity system,there are problems such as difficult to distinguish the true and false information of the platform,opaque information disclosure,and government functional departments shirking their regulatory responsibilities.The reasons for the above problems are mainly due to the blank of special legislation for platform supervision,the inability of government departments to form a good regulatory joint force,opaque information disclosure within the platform,etc.These problems need to be solved by improving the corresponding regulatory mechanism.The fourth chapter is the reference for the supervision of overseas network fund-raising platforms.This paper mainly selects the more representative countries in the common law system and civil law system-Britain and Germany for reference.As the first country in the world to legislate for charity,the UK has a relatively perfect regulatory system in the field of charity.The country is mainly regulated through the charity Committee,a special organization,supplemented by the industry self-discipline of the platform.In Germany,this paper mainly analyzes its platform self-management supported by the government.Because there is no special government regulatory agency,German non-governmental public welfare organizations rely on a third-party evaluation agency for self-discipline.All these have positive reference significance for the supervision of China’s online fund-raising platform.The fifth chapter is the Legal Countermeasures of the supervision of China’s online fund-raising platform.First of all,we should improve the supervision system of China’s online fund-raising platform.First,we should clarify the main body of platform supervision and form a multi-dimensional supervision force between the main bodies of supervision.The second is to determine the regulatory principle of good faith and pay attention to strengthening the construction of social morality.Third,improve the supervision system of online fund-raising platform.The second is to establish a multi-faceted,multi-level and multi-channel supervision mechanism.First,we should promote industry self-discipline organizations and promote benign competition among platforms.The second is to establish a third-party evaluation organization to play its role in assisting government supervision.Finally,we should implement the supervision system of internal governance and information disclosure of the platform.First,improve the internal governance of the platform to avoid anomie.Second,strengthen the publicity of fund-raising information and promote the openness and transparency of the platform.It is hoped that this research can contribute to China’s online fund-raising and promote the rapid development of China’s philanthropy. |
