How to crack the "growth troubles" of online charity
Internet fraudulent donations frequently send personal requests for help, lack of necessary regulations
□ Our reporter Zhu Ningning
Another online fraud that netizens hate once again challenged the public nerves.
Recently, Guangdong police cracked a case of using false medical records to defraud netizens for donations.
The suspect Wang Moumou teamed up with his girlfriend and used the medical records of his former girlfriend to initiate fund-raising on multiple critical illness raising platforms.
After the incident was reported by the media, it rushed into hot searches, prompting criticism from many netizens.
Although there have been negative events such as donation fraud and donation fraud from time to time during the development of Internet fundraising, in recent years, my country’s online philanthropy has become the fastest growing and most popular due to its advantages in transcending time and space and being able to donate through mobile payments anytime and anywhere. The vigorous new business format of philanthropy plays an extremely important role in promoting the development of the entire philanthropy.
On October 31, my country's first research report in the field of online philanthropy, the "Report on the Development of China's Online Philanthropy" (hereinafter referred to as the report) was released.
The report shows that my country's online philanthropy has begun to enter the development stage of the rule of law.
The proportion of online donations from designated platforms to the total national social donations increased from 0.4% in 2013 to 4.1% in 2019.
In the past three years, the annual growth rate of charitable funds raised by Chinese charity organizations through designated Internet fundraising information platforms has remained above 20%. In 2019, designated platform networks raised more than 5.4 billion yuan, an increase of 68% over the previous year.
But at the same time, as a new business format, "Internet + charity" has also exposed some problems in practice. In addition to online donation fraud, donation fraud, personal information leakage, privacy infringement, and "human flesh search", there are many problems in the field of online charity. Not uncommon.
"First of all, we should recognize the great effects of online philanthropy, fully affirm the contribution of online philanthropy, and support the rapid development of online philanthropy with understanding, tolerance and a positive attitude." Member of the Standing Committee of the National People's Congress, President of the Chinese Society of Social Security, Professor of Renmin University of China Zheng Gongcheng pointed out that we should not turn a blind eye to the problems of online philanthropy. Instead, we must speed up the improvement of relevant laws, regulations and policies, add legal regulations for online philanthropy to the Charity Law as soon as possible, specify policies supporting the development of philanthropy, and transform government functions. Provide better services for the development of online philanthropy, increase designated online fundraising platforms, etc., to comprehensively promote the rapid development of online philanthropy in an understanding, tolerant and positive attitude.
The phenomenon of online charity fundraising often occurs
In recent years, many typical cases of individuals seeking help through the Internet have made many netizens feel that they have failed their love.
In 2016, an article on "Luo Yixiao, You Stop Me" swept the entire network. The article stated that every time a netizen reposted it, the author Luo Er would receive a one-yuan donation from the Little Copper Company.
In just a few days, the reward amount exceeded 2 million yuan, but then some netizens questioned Roer's property: in addition to the three properties under his name, there was an advertising agency and two cars.
In the end, after negotiation between all parties, a total of 2.62 million yuan received in the official account was returned to netizens.
Just during the National Day this year, a professor at Wuhan University was easily raising funds due to cancer. Some netizens also questioned why the professor’s income is not low and he has complete medical insurance, why he still needs more than 300,000 yuan for help?
The truthfulness and transparency of information is an important foundation for online philanthropy to establish credibility.
However, the virtual nature of the Internet and the massive amount of information also bring a lot of pressure, and even provide some people with opportunities to make profits, disrupting the order of online charity.
It is understood that in the Charity Law, personal assistance is not included in the legal regulation.
“Of course, the law cannot prohibit citizens from seeking help in the online public space. However, if the individual online help seeking behavior is not properly regulated and guided, and fraudulent behaviors are punished accordingly, the chaos in the personal help seeking will not only damage the public’s love and goodwill, but also Associated with the damage to normal online charity activities." Xie Qiong, vice president and secretary general of the Charity Branch of the Chinese Society of Social Security and director of the People's Livelihood Security Research Center of Beijing Normal University, believes that it is very necessary to include online personal help seeking behavior into the scope of laws, regulations and policies.
"Of course, this kind of regulation cannot be equated with the fundraising behavior of charitable organizations, but without regulation, there will be no rules, which will ultimately be detrimental to the healthy development of online charity, because it is difficult or impossible for the public to automatically distinguish between personal assistance seeking and normal online charity activities. "Xie Qiong said at the same time.
Clarifying the boundary of platform responsibility is the focus of legislation
The report shows that from the two important components of online philanthropy, from 2017 to 2019, 21 online public fundraising information platforms have raised a total of more than 11.6 billion yuan, and the water drop chip launched in July 2016 ended March 2019. In September, the accumulated fundraising amount has exceeded 16 billion yuan.
The report uses the Internet critical illness help platform as an example. Since its inception more than 4 years ago, as of the end of August this year, the report has provided free fundraising services for more than 1.3 million patients with serious illnesses in financial difficulties, with a cumulative fundraising amount of more than 33 billion. The total number of donations exceeded 330 million.
However, due to the limited ability of fundraising platforms to review the information of help seekers, once the information is false, it will also trigger various suspicions among the public about the platform builders.
"Individuals seeking help through the Internet is a statutory right and a beneficial way to solve the medical expenses of serious and serious diseases in reality. It is worthy of recognition. However, since the Internet is a public platform for the public beyond acquaintances, the relevant legal system needs to be further improved. In order to promote the orderly operation of this new thing in development." Associate Professor Wang Min of Huazhong University of Science and Technology pointed out that in view of the importance of personal help network service platforms in personal public fundraising and the impact on charity, the law must strictly regulate its behavior. , And to protect its development.
Wang Min said that the personal help-seeking network platform should be included in the existing "Administrative Measures for Public Fundraising Platform Services" and the "Basic Management Standards for Internet Public Fundraising Information Platforms for Charity Organizations".
On the one hand, the law can conduct relatively strict regulations in terms of registered capital, information review and risk control capabilities, and account supervision.
Once the platform violates the law, the competent authority shall revoke its qualifications, prohibit entering the field of personal help-seeking network services, and impose a corresponding fine.
On the other hand, the platform's fundraising risk management should be divided into three stages: pre-prevention, in-process control and post-supervision.
"The platform's pre-audit and post-supervision obligations are both legal obligations and agreed obligations with donors. If you violate the foregoing obligations, you will face both administrative legal liabilities and liability for breach of contract." Wang Min said.
Accelerate the improvement of online charity laws and regulations
While playing a huge role, it should be noted that online charities, including personal online fundraising, are facing considerable legal difficulties.
"The key lies in accelerating the improvement of the relevant legal system of online philanthropy, and creating a policy environment and social environment conducive to its rapid development." Zheng Gongcheng said.
In Zheng Gongcheng's view, it is necessary to add legal regulations on online charity to the Charity Law to clarify the boundaries of online charity activities, regulate online fundraising behavior, clarify the corresponding responsibilities of online fundraising platforms, and prohibit online charity fraud in the name of charity.
At the same time, it is necessary to specify policies to support the development of philanthropy, transform government functions and provide better services for the development of online philanthropy, such as opening electronic invoices, providing more convenient tax reduction and exemption services, and punishing illegal activities in online fundraising in accordance with the law. It is an effective measure to maintain the healthy development of online charity.
Zheng Gongcheng believes that the designated online fundraising platform should also be increased so that more Internet companies or charitable organizations can participate in it and promote better development of online charity through moderate and orderly competition.
"In short, only a comprehensive understanding of the great value of online philanthropy to the long-term development of my country's philanthropy can form a policy environment and social atmosphere conducive to its development. Only by establishing a complete online philanthropy law, regulation and policy system can we truly give full play to my country’s developed Internet Advantages, under the condition of maintaining the healthy ecology of online charity, promote the healthy development of civilian charity and public charity, and then enable charity with Chinese characteristics to achieve great development." Zheng Gongcheng said.