If an individual asks for help for private interests, it is not illegal, because the law can do it without prohibition. After receiving such information for help, the public needs to make rational judgments and take action. However, if the help is false, it should be punished according to criminal law and other laws and regulations, and the relevant personnel should bear the corresponding legal responsibilities.
Initiating public fundraising in the name of helping others should be included in the scope of legal regulation.
Our initial foundation was divided into public offering and private offering, which was rarely mentioned internationally. What is public and what is private? All for charity. So now, private fundraising is changed to directional fundraising, which means that fundraising activities are aimed at specific fundraising objects, not specific public.
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On, the second meeting of the Presidium of the Fourth Session of the 12th National People's Congress adopted the revised draft of the Charity Law of the People's Republic of China. The Law Committee of the 12th National People's Congress made it clear that personal help-seeking is not a charitable activity and is not regulated by charity law. Zheng Gongcheng, member of the National People's Congress Standing Committee (NPCSC), president of China Social Security Society and professor of China Renmin University, participated in the whole process of drafting the draft charity law, the first trial, the second trial and submitting it to the plenary session of the National People's Congress for deliberation. He said that the existing regulations mainly regulate public fundraising, so that fundraising can enter a standardized legal track and the love of caring people can not be cheated. Zheng Gongcheng emphasized that charity law can't solve all problems, but it provides a basic legal environment, which is conducive to the standardized and healthy development of non-governmental charitable forces.
On network fundraising
Not all network platforms will do.
Du Nan: Recently, there was a case in Foshan, Guangdong. In order to treat her daughter, the parties raised funds on the crowdfunding platform. Is this crowdfunding okay?
Zheng Gongcheng: The draft charity law clearly stipulates that charitable organizations established according to law can raise funds in public. In order to make online fundraising in an orderly state, not anyone or any organization can make donations on any online platform, but only charitable organizations established according to law and qualified for public fundraising have the right to carry out fundraising activities through the Internet. Moreover, the network platform for online fundraising must also be a charity information platform unified or designated by the civil affairs department to publish fundraising information, or at the same time publish fundraising information on the charity organization's own website. Such supervision should not only promote the healthy development of online charity activities, but also put an end to the phenomenon of mixed fish and dragons, and require the Internet to bear corresponding responsibilities. Of course, the civil affairs department can also designate a website that has already carried out public welfare activities like Tencent as the designated platform for online fundraising.
Du Nan: Will there be a series of rectification work for similar crowdfunding platforms in the future?
Zheng Gongcheng: After the law is passed, supervision in this area will definitely be strengthened.
Du Nan: Is it illegal to post fundraising information directly in the WeChat circle of friends in one's own name?
Zheng Gongcheng: Whether the WeChat circle can or not needs to be clarified through the implementation rules of the law, because the WeChat circle is not only an acquaintance circle, but also expands to unfamiliar people round by round, which is both private and public to a certain extent.
If an individual asks for help for private interests, it is not illegal, because the law can do it without prohibition. After receiving such information for help, the public needs to make rational judgments and take action. However, if the help is false, it should be punished according to criminal law and other laws and regulations, and the relevant personnel should bear the corresponding legal responsibilities.
Initiating public fundraising in the name of helping others should be included in the scope of legal regulation. According to the provisions of the draft charity law, public fundraising must be qualified for public fundraising, and it can only be a charitable organization established according to law with public fundraising qualifications. Organizations and individuals that do not meet the above conditions may not carry out public fundraising activities. If for charitable purposes, these organizations and individuals can find legal and qualified charitable organizations to cooperate, which is an act permitted by law.
Du Nan: How to distinguish between personal help and charitable donations?
Zheng Gongcheng: The charitable fund-raising stipulated in the draft charity law refers to the activities of charitable organizations to raise property for charitable purposes. Personal help is to solve personal problems within a limited scope. Charity, mutual assistance and friendship are the traditional virtues of our country. The law does not prohibit individuals from asking for help, but advocates mutual help and friendship among neighbors, relatives and colleagues.
Du Nan: The situation in Foshan is that the party died before the money was used up. Later, the girl's family took photos of traveling abroad and various foods on WeChat, which caused controversy. Although her father strongly denied abusing the money, many netizens questioned it. How to deal with this kind of thing?
Zheng Gongcheng: This case is a civil dispute. The information of donors and beneficiaries is asymmetric, and the remaining donations are difficult to supervise. You ask him to return, how can he return? It is impossible to go to court one by one. Therefore, we have always emphasized rational charity, and it is better to participate in charity through charitable organizations. Of course, personal help and mutual help and friendship between people are traditional virtues, which will continue to be carried forward.
Through this case, we can find out why it is necessary to stipulate that charitable organizations can raise funds publicly. This way is the safest. For charitable organizations, the draft clearly stipulates how to dispose of the remaining donations. Even if something goes wrong, it is "a monk can't run away from the temple", and the responsible person can always be found to be accountable. If individuals donate money, especially online, who will supervise it? In reality, there are many cases of fraudulent fund-raising, or cases of love lawsuits caused by doing good deeds.
Charity has its particularity. Maybe 99 out of 100 cases are well-intentioned, but as long as 1 case is fraudulent, it will hurt many caring people in society and it will take a long time to restore their confidence. The existing regulations are not only to standardize public fundraising, so that fundraising can enter a standardized and legal track, but also to protect the love of caring people from being deceived.
It is a reality that people don't trust charitable organizations, but I think the credibility of charitable organizations will be improved after the law is passed. Because the law stipulates the basic norms, the public and the media can act as woodpeckers, and the civil affairs department also has the basis and authority for supervision. If charitable organizations violate laws and regulations, they will be punished.
Du Nan: What is the process for individuals to raise funds through charitable organizations? What if I can't find a charity organization?
Zheng Gongcheng: How to cooperate with charitable organizations in the next step may require the civil affairs department to issue specific operating procedures. If you can't find it or the charity organization is unwilling to cooperate, of course, you can't raise money publicly, but you can tell this information to the media and related charity organizations and let them publicize it. Only by gradually organizing, can we carry out effective regulation and supervision, and restore an atmosphere of fraternity and a realm of goodness in the field of charity.
On information disclosure
Highlight the importance of a separate chapter.
Du Nan: The information disclosure of charities deserves our attention. What is the legislative procedure?
Zheng Gongcheng: Special attention is paid to information disclosure in the legislative process. At first, there was disagreement about whether to have a separate chapter. Some people think it is better to scatter in chapters, such as what information needs to be disclosed when setting up a charity organization and what information needs to be disclosed when launching a charity project, so that people can see at a glance.
However, this decentralized writing will dilute the importance of information disclosure to some extent. Therefore, it is now a separate chapter, hoping to attract enough public attention and attention, which is rare in previous legislation.
Du Nan: Information disclosure has been emphasized in the past. Where is the progress of the draft?
Zheng Gongcheng: The function of the draft is to raise the information disclosure to the legal level, so that the regulatory authorities can have sufficient basis and the public and the media can have standards for judgment. If it is not made public, it is illegal. Although there was an annual inspection system for charitable organizations in the past, it was entirely up to charitable organizations to decide. Some charitable organizations with special backgrounds have not submitted annual reports for several years, and the competent government departments are powerless. Now that there is a legal basis, you can apply for disqualification.
Du Nan: The draft is only a principled provision. How can we ensure that there is no moisture in information disclosure?
Zheng Gongcheng: The regulatory authorities must supervise in place, and cannot be "scarecrows". Recently, the Ministry of Civil Affairs has punished some associations, and some associations have even been banned, which is very good. For charitable organizations, the civil affairs departments should strictly check from the aspects of registration, public offering, tax reduction and exemption, operation supervision, illegal punishment or legal responsibility. As for the channel of information disclosure, the civil affairs department should establish such a platform or designate a special platform, and charitable organizations should publish relevant information on their own websites.
In addition, the media and the public should be "woodpeckers" and give strict social supervision to charitable organizations. From my practical experience, after a series of events in the past, the media and the public have formed a great shock to charitable organizations. Some charitable organizations may not respect the wishes of donors in the past, and even use donations for improper purposes. Now this phenomenon has been greatly reduced.
On the Revision of Terminology
The ratio of 10% is not limited to death.
Du Nan: In the revised draft, private fundraising will be changed to targeted fundraising. Why?
Zheng Gongcheng: Our initial foundation was divided into public offering and private offering, which was rarely mentioned internationally. What is public and what is private? All for charity. So now, private fundraising is changed to directional fundraising, which means that fundraising activities are aimed at specific fundraising objects, not specific public.
Du Nan: It is also stipulated in the draft that the annual management expenses of foundations eligible for public fundraising in charitable organizations shall not exceed 10% of the expenditure in the current year, which is lower than the previous version of 15%. Why? Some international non-profit organizations can reach 30%.
Zheng Gongcheng: The management fee of 15% should be allowed internationally, but different types and scales of charitable organizations should be considered. For example, in some service-oriented charities (such as pension institutions), the labor cost is the biggest expenditure item, and its management cost may even reach more than 70%, which is normal because its purpose is to provide services for the elderly.
The original draft stipulated that 15% of the management fee should be paid to the foundation. However, during the deliberation, some representatives also suggested that too high a proportion may damage people's enthusiasm for donation. This idea was endorsed by some delegates. NPC Law Committee and the Presidium of the Congress decided to adopt it, reducing the original 65,438+05% to 65,438+00%. In fact, this congress also proposed a number of amendments to the draft charity law. After absorbing these opinions, 92 amendments were made to the draft law, including 34 substantive amendments. I think this shows respect for the opinions of the delegates.
Of course, foundations also have different scales. The management fees of large foundations will definitely be lower, while those of small foundations will be higher. In some educational foundations of colleges and universities, most of the staff are college staff, and even there is basically no labor cost. Therefore, the law does not restrict the death of some foundations whose management expenses may exceed 10%, but allows them to declare to the registered civil affairs departments and make them public, so as to accept the supervision of the regulatory authorities and the public. I think it needs to be understood that the ultimate goal of legal regulation is to promote the healthy and rapid development of charity, and the management expenses of charitable organizations, including foundations, should be treated with respect for their purposes and missions and future donation agreements with donors. From the perspective of development, the competition among foundations will form a reverse mechanism to reduce management costs in the future.