网络公益众筹法律规制研究
Research on Legal Regulation of Network Public Welfare Crowdfunding

网络公益众筹是传统慈善捐赠与互联网信息技术有机结合的时代产物，具有诸多独特优势，现已成为社会大众求助的主要渠道，但其发展过程中也暴露出诸多难题，亟需规制。目前我国《慈善法》并没有对网络公益众筹有明确规定，致使该行为无法可依。因此，本文在明确网络公益众筹的概念，厘清其与网络募捐区别的基础上，分析当前我国网络公益众筹的法律规制现状，以发起人资格合法性、众筹平台责任、政府监管以及资金管理这四大问题为导向，对网络公益众筹法律规制路径提供相应的思路与建议，以推动我国网络众筹事业的规范化运行。
Online public welfare crowdfunding is a product of the era that combines traditional charitable donations with internet information technology. It has many unique advantages and has become the main channel for the public to seek help. However, its development process has also exposed many difficulties and urgently needs regulation. At present, China’s Charity Law does not have clear regulations on online public welfare crowdfunding, which makes it impossible to rely on such behavior. Therefore, based on clarifying the concept of online public welfare crowdfunding and clarifying its differences from online fundraising, this article analyzes the current legal regulation status of online public welfare crowdfunding in China. Guided by the four major issues of initiator legitimacy, crowdfunding platform responsibility, government regulation, and fund management, this article provides corresponding ideas and suggestions for the legal regulation path of online public welfare crowdfunding, in order to promote the standardized operation of China’s online crowdfunding cause.