Li Dejian: The institutional dilemma of breaking through the charity of the Internet era
May 22, 2019 09:14 Source: "Chinese Social Sciences" May 22, 2019 Total 1697 Author: Li Dejian

Since the reform and opening up,my country's charity is in the ascendant。With the arrival of the Internet era,my country is even more charitable donation、Total amount of charitable organizations、Number of charity participants、Charity Innovation Projects and other fields have achieved rapid development。According to the "China Civil Affairs" report,"2018,The Ministry of Civil Affairs is based on the 20 Internet fundraising information platform designated by the Ministry of Civil Affairs,A total of more than 1,400 public -funded charitable organizations released 21,000 fundraising information,Netizens click、Follow and participate in more than 8.46 billion people,A total of more than 3.17 billion yuan of raised money,increased by 26.8%in 2017 "。These progress cannot be separated from my country's continuous improvement in the charitable legal system。

With the promulgation of the "Charity Law" in 2016 and the systematic introduction and comprehensive development of central local charity supervision and promotion policies,my country has officially entered a new era of doing good according to law,At the same time, it has laid a solid legal basis for the development of charity in the Internet era。For example,At the central level,"Administrative Measures for the Service of Public Funding Platform" further refine the broadcast specified in the Charity Law、TV、Newspapers and network service providers、Telecom operators should follow the behavior specifications that should be followed when providing services for charitable organizations and supervision duties of relevant regulatory departments,It provides an institutional basis Bet365 app download for the practical development of the fundraising platform。"Measures for the Disclosure of Charity Organization Information" deepened the specific requirements of the charity law on information disclosure,Established a more realistic and operable information disclosure institutional system。and the introduction of the "Basic Management Specifications for Charity Organization Internet Public Funding Information Platform" and "Basic Technical Specifications for Charity Organization Internet Public Funding Information Platform" is the more operable guidelines for the standard operation of the Internet public fundraising platform。At the local level,Take Zhejiang as an example,The "Measures for the Implementation of the" People's Republic of China Charity Law "Measures" issued in 2018 is clearly proposed,"Encourage charitable organizations、Internet public fundraising platform uses big data、Cloud computing and other technologies,The carrier and form of innovative public fundraising activities; encourage the public to carry out donations in electronic payment or other legal virtual forms "。These legal and policies from the central government to the local area are quite helpful for the healthy development of Internet charity。

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but,We must also recognize,Many of the problems faced in traditional charitable legal system have not been solved by systematization because of the arrival of the Internet era。In fact,In some fields、Some levels,Many traditional leaves still exist in the Internet era and even spread.,Future development that plagues charity。For example,Article 28 of my country's "Charity Law","Charity Organization carried out public fundraising through the Internet,Publish a fundraising information on a unified or designated charitable information platform on the civil affairs department of the State Council,And can publish fundraising information on its website Bet365 lotto review at the same time "。The introduction of this provision has its historic rationality: my country's Internet charity is in its infancy,Therefore, more stringent supervision is needed to maintain the social credibility of Internet fundraising,Maintain the trust of the public。but,From the long run,,It has adopted excessive control of Internet charity fundraising,For many small and medium -sized charity organizations,The information must be published on the unified or designated platform on the Ministry of Civil Affairs.。

Another,Despite the arrival of the Internet era,But the service consciousness of some government supervisors、Regulatory efficiency and other aspects have not changed fundamentally。So,The system problem that plagues traditional charity will continue in the Internet era。For example,With various file processing、Electronic transmitted,If the supervisor lacks effective communication with each other,The charity organization and related personnel who submit the materials through the network must still deal with a series of departments,This is not beneficial to reducing the cost of the work of charitable organizations,Even increasing costs。Another,For simple management and convenience,Supervisors may require charity when they are engaged in various activities,Nothing of things,All need to use the relevant information storage case on its designated network platform,Really,This will greatly limit the activity space of charity organization,Inhibit the enthusiasm of private forces to participate in charity。So such,If there is a lack of a powerful legal system guarantee to defend citizens charity、Optimize government supervision efficiency,It is very likely to be a difficult problem that charities and all walks of society have to face at a certain stage。

  Properly stimulate the charity potential of the Internet era

Bet365 lotto review For this,Many scholars in related fields have proposed valuable insights,For example,Lu Xin in the book "Research on Contemporary Chinese Charity Legal System: Dilemma and Reflection",It is clearly pointing out that these difficulties appear reflected in the transition period of my country's citizen rights and government power in the field of charity and complicated relationships,and systematically propose the basic plan to solve the above difficulties。For example, to solve the legitimacy of citizens' charitable,It must be strengthened to protect the freedom of fundraising citizens,It should strictly regulate the government to accept donations,The current charity supervision system should be reforming the current charitable supervision system with the filing system and public system。Regardless of whether the specific point of view is practical at this stage,In terms of the core logic behind the plan, the core logic is concerned,It is undoubtedly the value of charitable legal system in the Internet era.,In the field of charity,It should be decentralized to ordinary citizens,Putting charity supervision to the government,Restricted government charity to exception。

Learn from its thoughts,Even in the Internet era,In terms of the establishment and internal governance of charitable organizations and internal governance and charity activities,In the process of formulating and implementing these policies,The government must keep restraint,While promoting the effective development of charitable activities with the efficient operation of charitable organizations,Avoid the overweight burden on social forces to engage in charity activities and develop internal and external relationships for social forces by strengthening Internet controls,to ensure the autonomy of charity。For example,At the government supervision level,It should bet365 live casino games be irreversible to promote the traditional strict control path to the effective supervision mode to transfer。For the dual management system、"No registration is no legitimacy", "a region、An Organization "and other series of system constraints,It should be gradually eased and applied。The civil affairs department and other regulatory authorities, as well as the internal agencies in the civil affairs department, lack coordination in charitable supervision、Communication、Unity、The issue of the cooperation mechanism should be highly valued,and effectively solve it through the Internet and other technological means。For annual inspection to annual report,and changed from the registration system for public welfare trusts to the current filing system for charitable trusts. At the theoretical level、Trust brings a more loose system for,It should be named deputy,A convenient operation through new methods such as the Internet,Avoid no difference at the practical level,Even more rigorous,thus negatively affects its realistic vitality and development potential。

At the level of internal governance,In addition to fully respecting the charter autonomy of the charitable organization,For the annual report、Evaluation of Charity Organization、Credit evaluation、Specific mechanisms such as supervision of other departments,It should be considered as a pass、top -level design,Interconnected through the Internet and other methods,Avoid stacking beds,The autonomy of seriously affecting the internal governance of charitable organizations、Autonomous,At the same time, the cost of regulatory costs and the operating cost of charitable organizations。In terms of charitable organizations,For example, fundraising、Investment, etc.,The regulatory policy shall be based on ensuring credibility construction,Bet365 lotto review Efforts to maintain the free space and independent development of their activities,Avoid excessive constraints of charity organizations through strict control of the Internet、Increase its operating cost,Make it unable to give full play to fundraising、preservation and value -added、Project Innovation、Potential of the supply of public products。

  Make sure that the Internet has become a new type of tools that boosted charity

General Secretary Xi Jinping pointed out,"Establish charity awareness、Participate in charity activities、Develop charity,It is a moral practice with extensive mass "。This assertion still has its extensive applicable value in the Internet era。How to advance this moral practice with extensive mass in the Internet era,Both torture the practical wisdom of charity practitioners and regulators,At the same time, it is necessary to deal with the charitable legal system at the same time、Important phenomenon for proper treatment。As what Budiden Hermer said,Like generous generosity、Famous and Ci "These moral requirements are implemented in practice through resources and non -mandatory behaviors"。Follow this logic,Similar to traditional charity,Legal and policy when treating Internet charity,It should not adhere to the traditional strict controlist governance path,This causes the Internet to degenerate into a person who suppress charity、Charity Organization carried out charity activities、Important means of self -governance。At the same time,To systematically promote the Internet in charity donation、Charity fundraising、Charity Services and even the daily management operation of charitable organizations、Innovation and development of charitable projects、Make -up efficiency in charitable supervision、Active role of reducing costs,to fully mobilize the enthusiasm of private forces to participate in charity,Make sure that Bet365 app download the Internet has become a new type of tools that boost the development of charity。

  (This article is the Study of Charity Revised Supervision and Legislative Countermeasure Research on the Internet Age of the National Social Science Fund "(18CFX076) phased achievement)

(Author Unit: School of Law, Zhejiang University of Technology、Welfare and Law Research Center)

Editor in charge: Wang Ning
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