The nature of online donation-type crowdfunding originates from the behavior of online individuals seeking help,which is part of my country’s public welfare undertakings.However,the “People’s Republic of China Charity Law” and other public welfare laws and regulations only adjust “public welfare” behaviors and exclude online donationtype crowdfunding behaviors.Outside the adjustment range.At the same time,government departments have been slow to introduce effective regulatory measures,and no substantial self-discipline activities have been carried out in the industry.Under the situation of failure of traditional legal regulations and legal gaps,how to complete the legal regulation of online donation crowdfunding behaviors needs to solve the problem of the authenticity of online donation crowdfunding behaviors.Based on the demonstration and analysis of the attributes and legal characteristics of online donation crowdfunding,combined with the theoretical basis of legal regulation,this paper constructs a system that should be legally regulated for online donation crowdfunding,and finally uses the legal regulation of online donation crowdfunding.The current situation of the problem is taken as the starting point,the causes are analyzed,and suggestions for perfecting paths are put forward.The main body of this article has four parts.The first part is to clarify the basic scope of legal regulation of online donation-type crowdfunding.This part defines the concepts and characteristics of online donation crowdfunding behaviors in the broad and narrow sense,contrasts and analyzes the distinction between narrow online donation crowdfunding behaviors and similar behaviors,and clarifies the connotation of the rights and interests of online donation crowdfunding entities.Then limit the applicable norms of the legal regulation of online donation-type crowdfunding behavior,limit the regulated objects and the protection rights of legal regulation,and choose the legal regulation method to clarify the scope of the research object of this article.The second part is the theoretical basis of the legal regulation of online donationtype crowdfunding.The legal regulation of online donation crowdfunding needs to address the two premises of the legality of the behavior and the legality of regulation.By distinguishing the legality of the online donation crowdfunding behavior and its regulation,the choice of the legal regulatory concept of the online donation crowdfunding behavior is clarified..The third part is the legal regulation system of online donation-type crowdfunding.This part mainly solves the problem of what kind of model should be adopted when legally regulating online donation-type crowdfunding behavior.Starting from the four aspects of legal rules subjects,legal regulatory tools,subject access mechanisms,and platform internal supervision and management,a three-dimensional legal regulatory system for online donation-type crowdfunding behaviors will be constructed.Among them,the main part of the regulation solves the starting point of legal regulation and clarifies the basic composition of the regulation mechanism.The legal regulation tool partly solves the methodological problem and avoids the problem of existing legal regulation measures in adjusting similar behaviors.The transformation part of the subject access mechanism corresponds to the subject access measure,which is one of the public welfare legal regulation methods,as the basic component of the regulatory mechanism.The final platform’s internal supervision and management behavior echoes the advantages of the platform’s information acquisition channels,makes full use of the main body’s resources,and practices the concept of collaborative and co-governance.The fourth part is the perfect path of legal regulation of online donation-type crowdfunding.This section analyzes the phenomenon of the problem from the current status of the legal regulation of online donation-type crowdfunding behavior as an entry point.Discover the cause of the problem to connect the past and the next,and put forward suggestions for improving the legal regulation mechanism of online donation-type crowdfunding centered on information regulation. |