Source: Rule of Law Daily
Author: Kim Zegang
Recently, Jiang Qiulian and Liu Nuanxi (once used name: Liu Xin) The right to live in life rights in the Qingdao Intermediate People's Court in Shandong Province ushered in the final judgment: rejection of the appeal and maintaining the original sentence.Economic losses were 496,000 yuan and mental damage 200,000 yuan.Legally, the case has been written, but the case has not been ended.Subsequently, Liu Nuanxi launched online fundraising through Weibo to compensate for compensation, causing many netizens to be indignant.Liu Nuanxi's account has been banned.This incident also aroused the public's attention to legal issues involved in online fundraising.
According to the relevant provisions of the Chinese Charity Law, charity fundraising, including public fundraising for the public and targeted fundraising for specific objects.Because of the charitable public welfare characteristics, it determines that the subject of natural persons does not have the qualifications of charitable fundraising. Therefore, individuals have made funds on Weibo on Weibo, calling on netizens to reward the scope of charitable fundraising.Such behaviors can be defined as personal help behavior through the network.
For help sponsored by others, the public may give them material help for sympathy and compassion. This belongs to civil gifts in nature. The law is not prohibited.Of course, civil legal acts should follow the basic principles of honesty and credit. Help people shall not take fraud to ask others for help in order to obtain donations.Donation, fraud donation must bear the corresponding legal liability.
At the same time, the Chinese Civil Code stipulates that civilian subjects must not violate the law, must not violate the public order, good customs, and violate the public law and customs.In this case, the court's judgment has clearly clarified the right and wrong, and also respects the simple and fair concept of the people.The judicial judgment promotes the righteousness of the world, calling for social conscience. The enthusiastic helper should be compensated and recognized, and the selfish indifference must be criticized and punished.This is not only the jurisprudence's jurisprudence, but also the inevitable requirement of social order and good customs.
In 2021, the Supreme People's Court pointed out in the guidance on the in -depth promotion of the integration of the core values of socialism into the referee's text and interpretation of the law.Values, as an important guidelines for understanding legislative purposes and legal principles, that is, judicial judgments should show fairness and justice, lashing ugliness and selfishness.From this case, if the parties in other cases are also sentenced to liability for compensation due to violation of the core values of socialism and the behavior of Chinese traditional virtues, they will be liable for compensation for others, but this bank will be funded.In fact, it is to challenge the public order and customs of the society, and to launch challenges to the mainstream values of the society. In this regard, the relevant network platforms must strictly follow the relevant regulations of the ecological governance of network information content on the notice of strengthening the governance of cyber violence, and assume corresponding legal obligationsWith social responsibilities, necessary restrictions and supervision of related parties, and even subsequent online fundraising behaviors.
Different from "discussion" in real life, the network belongs to virtual space.Profit.Therefore, the supervision of the help behavior on the network platform, especially the economic activities such as online rewards, needs to be strengthened.It is worth further discussion about whether to include personal fundraising for help into the regulatory category of the Charity Law.If the legislative conditions are not yet mature, you can also consider adding the content of "web -type personal help" in the current temporary social assistance method, because the complete social security system and charity system should include the personal help system on the extension of the extension. Personal asking for help shouldThe core is to protect and realize the right to ask for help.
In any case, from the current legal and provisions, no money can be "required" on the Internet.The online help should also follow the basic guidelines of civil behavior. Moreover, the online help should be left to those who really need help, and it cannot allow the online platform to help illegal responsibilities to obtain sympathy and obtain property.
The author is a professor of law of Tongji University, Vice President of the Law Society of Law of Jiading District, Shanghai
