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 Release date: 2024-09-06   |   Number of visits: 121    
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September 5,Ministry of Civil Affairs、State Cyberspace Administration of China、Ministry of Industry and Information Technology、Ministry of Public Security、The State Administration of Financial Supervision jointly announced the "Measures for the Management of Personal Help Network Service Platforms" (hereinafter referred to as the "Measures"),Effective from the date of announcement。The current interpretation is as follows:

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In recent years,With the development of Internet technology,The phenomenon of personal online seeking help is increasing,Some personal help network service platforms have emerged。The Charity Law implemented in 2016 does not provide for personal online help seeking。December 29, 2023,The Seventh Meeting of the Standing Committee of the Fourteenth National People's Congress passed the "Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China",Amendments to the Charity Law,Add one,As Article 124: “Individuals suffer from family financial difficulties due to illness and other reasons,Release help information to the society,The person seeking help and the information publisher shall be responsible for the authenticity of the information,No fiction required、Concealing facts and other methods to defraud assistance。Platforms engaged in personal help-seeking online services shall be designated by the civil affairs department of the State Council,Check the authenticity of the help information released through it,And in time、Comprehensive disclosure of relevant information to the public。The specific management measures shall be determined by the Civil Affairs Department of the State Council in conjunction with the Cyberspace Administration of China、Industrial and information technology departments will formulate separately”。In order to implement the revised Charity Law,Strengthen the management of personal help network service platform,Protect those seeking help、Information publisher、Legitimate rights and interests of donors,The Ministry of Civil Affairs in conjunction with the Cyberspace Administration of China、Ministry of Industry and Information Technology、Ministry of Public Security、The State Administration of Financial Supervision has formulated the "Measures"。

  2. Main content

(1) Regarding the scope of regulations in the "Measures"。The "Measures" regulate specifically for individuals whose families have financial difficulties due to illness and other reasons,Provide release of help information and collection of donation funds、Management、Online platform for payment and other services。Provisions of the "Measures",Personal help network service platform,Should be designated by the Ministry of Civil Affairs;Unspecified,No organization or individual may carry out activities in the name of a personal online service platform,Not allowed to publish help information and collect donation funds、Management、Personal assistance network services such as payment。

(2) Designation of personal help-seeking network service platform。Applying to be designated as a personal help network service platform,Should meet the conditions stipulated in Article 4 of this "Measures",And submit relevant materials。The Ministry of Civil Affairs will arrange the work according to the work arrangement,Announcement on the selection of personal help network service platforms;Establish a review committee,Determine the list of designated personal help network service platforms,And announce it to the public;After the list is announced,Determine the list of designated personal help network service platforms and announce it to the public。After the list is announced,The personal help network service platform shall provide services within sixty days。

(3) Main rules regarding personal help-seeking network service platforms。Service Agreement、Help information release rules、Platform rule documents such as personal information processing rules are to protect the legitimate rights and interests of users、The basis for maintaining the healthy and orderly operation of the platform。The "Measures" clearly require that the platform has formulated a complete platform rule document in the application designation conditions;Major adjustments to platform rules,Should be reported to the Ministry of Civil Affairs before adjustment;The platform should ask for help、Information publisher、The donor agrees to the platform rules and the use of donated funds、Return and wait for agreement,Provide services to them again。The "Measures" also clarify the principles and information content management that the platform must abide by、Information Security Management、Requirements for personal information protection and other aspects。Platform、For help、Information publisher、Disputes between donors,You can reconcile by yourself、Apply for dafabet casino mobile apparbitration to an arbitration institution、Filing a lawsuit in the People's Court or other ways to solve the problem。

(4) Authenticity check of help-seeking information。It is the legal obligation of personal help-seeking network service platforms to verify the authenticity of help-seeking information,"Measures" seeks personal help from online service platforms、For help、"Measures" seeks personal help from online service platforms。First, it is specified in the application designation conditions that the platform must have the ability to verify the authenticity of the help information released through it。Second, it is stipulated that the platform should clearly inform the person seeking help、The information publisher is responsible for the authenticity of the help-seeking information,Clearly inform the person seeking help、Information publishers are not allowed to make false claims、Concealing facts and other methods to defraud assistance。The third is to clarify the person seeking help、Help information and related materials that the information publisher needs to submit;It is stipulated that the platform should establish an audit team,Check the authenticity of the help information。The fourth is to require the platform to check the authenticity of the help information,Relevant information should be disclosed to the public in a timely manner,Accept social supervision。The fifth requirement is that the platform finds people seeking help、The information publisher is suspected of fraud and other criminal activities,Should be reported to the public security organs in a timely manner。

(5) Management requirements for donated funds。The security and management of donated funds are the key contents regulated by the "Measures"。First, the application designation conditions clearly require the operating entity of the platform to sign a donation fund depository agreement with the bank。Second, it is stipulated that the donation funds collected by the platform should be managed by a special deposit account、Special use,Provisions have also been made on the opening of special deposit accounts for donation funds。The third is to stipulate that in addition to the platform charging service fees、Unless the donation funds cannot be returned to the original route, etc.,Donation funds collected in the special deposit account can only be transferred to the person seeking help or the hospital account provided by him。Fourth, it is stipulated that the platform should bear the responsibility for reviewing the allocation of donated funds,Establish an audit mechanism,Strengthen dafabet casino mobile appthe review of the allocation of donor funds,And promptly allocate donation funds to those seeking help;People seeking help should be supervised to use donated funds according to the purpose of seeking help,Asking for help、The information publisher promptly updates the use of donated funds。Fifth, the platform clarifies the circumstances under which the platform requires relevant responsible persons to return donated funds and refund donors。Sixth, it is stipulated that the platform should be timely、Comprehensively disclose to the public the funds raised related to each person seeking help、Appropriation、Use、Return and other information,Facilitate supervision from all walks of life。

(6) Supervision and management of personal help-seeking network service platforms。Ministry of Civil Affairs、State Cyberspace Administration of China、Ministry of Industry and Information Technology、Ministry of Public Security、State Financial Supervision Bureau and other departments,We will work together to strengthen the supervision and management of personal help-seeking network service platforms。First, the platform is required to submit the previous annual work report and financial accounting report to the Ministry of Civil Affairs before June 30 of each year;Disclose to the public every six months the status of its personal help-seeking network services。The second is to clarify the relevant departments’ actions on platforms and their operating entities suspected of violating the provisions of these Measures,Have the right to take regulatory measures in accordance with legal duties。Third, the platform and its operating entities are suspected of violating the provisions of these Measures,Relevant departments can interview the relevant persons in charge,Ask him to explain the situation、Propose improvement measures。

(7) Legal responsibilities of personal help-seeking network service platforms。According to the Administrative Penalty Law and relevant laws and regulations,The "Measures" clarify the legal responsibilities of individuals seeking help from online service platforms。First, the platform and its operating entities violate the provisions of these Measures,By Ministry of Civil Affairs、State Cyberspace Administration of China、Ministry of Industry and Information Technology、Ministry of Public Security、The State Administration of Financial Supervision and other departments ordered corrections within a time limit in accordance with legal duties,Give a warning or report a criticism。Second, platform staff violated the provisions of Article 20 of these Measures,Constituting violations of public security management,Public security management penalties shall be imposed by the public security organs in accordance with the law;Constituting a crime,Pursuing criminal responsibility according to law。The third is to stipulate five circumstances for canceling the designated platform,And clarified the follow-up work requirements dafabet live casinofor the canceled designated platform。In addition,Undesignated Internet information service providers carry out activities in the name of personal help network service platforms or engage in personal help network services,The civil affairs department of the people's government at or above the county level shall order correction within a time limit;Not corrected within the time limit,By the civil affairs department of the people’s government at or above the county level in conjunction with the Internet Information Network、The telecommunications authorities will handle it in accordance with the law。

Source: Ministry of Civil Affairs website