论文部分内容阅读
个人求助是指个人向他人或社会寻求帮助,以解决自己、自己的家庭成员或其近亲属困难的行为。有必要明确个人求助的基本特征,厘清个人求助与慈善募捐、慈善捐赠存在的区别与联系。《慈善法》不禁止个人求助,但并不意味着个人求助行为不受法律调整,既有的民法、刑法等实体法仍然能够适用于个人求助领域。有必要区分不同类型的个人求助,分析各种类型的法律适用以及各方当事人的权利与义务。在慈善法的既有立法框架之下,个人求助能够在慈善法中找到适当的开展途径。在当前实践中,个人求助的主要问题是法制宣传问题。社会公众应当对网络个人求助信息保持理性的思考与判断,而不是盲目地表达自己的善心。通过网络方式进行的个人求助当中,剩余善款的处理宜按照捐赠时间的先后予以倒序回转。对个人求助的规制,应加强引导和规范新型的公开募捐方式,倡导个人求助通过慈善组织完成,积极探索网络个人求助的健康发展途径。
Personal solicitude refers to the individual seeking help from others or from society in order to solve difficult behaviors for themselves, their own family members or their close relatives. It is necessary to clarify the basic characteristics of personal help and clarify the differences and connections between individual help and charity donations and charitable donations. The “Charity Law” does not forbid individuals from seeking help, but does not mean that personal help-seeking behavior is not regulated by law. Existing substantive laws such as civil law and criminal law can still be applied to the field of personal help. There is a need to distinguish between different types of individuals for help, analyze the various types of legal application and the rights and obligations of the parties involved. Under the existing legislative framework of the Charity Law, individual solicitation can find a proper way of doing so in the charity law. In the current practice, the main issue for personal help is the issue of legal publicity. The public should keep rational thinking and judgments on the personal information of the network instead of blindly expressing their kindness. Among the personal requests for help through the Internet, the handling of the remaining proceeds should be reversed in reverse order of donation time. The regulation of seeking help from individuals should be strengthened to guide and standardize new forms of public fund-raising, advocate personal assistance through philanthropic organizations, and actively explore the ways for the healthy development of online personal help.