Deyun society actors have cars and houses, and crowdfunding experts say that personal help is not regulated.

　　● The behavior involved in the incident is a personal help. In law, the behavior of online donation for personal help belongs to the gift behavior with obligations in civil law.

　　● Personal help is not regulated by charity law system, and it is not regulated by charity law, but it is regulated by general principles of civil law, contract law, criminal law and other laws. Suggest and encourage donors to donate money to legitimate and regular charitable organizations in order to safeguard their rights and interests more effectively.

　　● The serious illness rescue industry is a "newborn", which needs care from all sides. Legal perfection, government supervision and platform risk control are indispensable. Self-discipline and supervision is a good medicine to truly eliminate and rectify the chaos in the industry.

　　□ Our reporter Zhang Wei

　　Deyun Society is on the hot search again, an unexpected reason.

　　Not because of the art of cross talk, not because of the rookie performance, but because of a donation action that has nothing to do with its main business. The only person connected with it is Wu Hechen (whose real name is Wu Shuai), a crosstalk performer of Deyun Society.

　　On April 8, after Wu Hechen’s sudden cerebral hemorrhage, his family launched a help-seeking platform with a target amount of 1 million yuan. Subsequently, this move was frequently questioned, and Degang Guo and Deyun Society were dragged into the water, and water droplets became the eye of public opinion storm.

　　On May 5th, in an interview with the reporter of Legal Daily, Shuidichou said that on the afternoon of May 3rd, the promoters communicated with Shuidichou to stop raising funds. By the end of fund-raising, the project had raised a total of 147,959 yuan, with 5,269 people participating in the donation, and no application for cash withdrawal has been made yet. The sponsor is adding more supporting materials for the donor to understand and supervise. "If the sponsor applies for cash withdrawal, the water drop platform will publicize it. If there is no objection to the follow-up publicity, the Water Drop Foundation will directly remit the money to the hospital’s corporate account for the follow-up treatment of patients. If there is any balance, the remaining money will be returned to the donor. Regarding the treatment of patients and the use of funds, water droplets will continue to be publicized to the public. "

　　Zhang Lingxiao, director of Beijing Jingshi Law Firm and legal adviser of China Charity Federation, clarified the difference between crowdfunding and personal help in an interview with the reporter of Legal Daily. He believes that the behavior involved in the incident is personal help, and personal help-seeking behavior is not subject to charitable laws and regulations. He suggests and encourages donors to donate money to legitimate and regular charitable organizations, "Do good according to law, ‘ Love ’ It will not become ‘ Sad ’ " .

　　The actor of Deyun Society was hospitalized.

　　Relatives raise millions to attract controversy.

　　After being fully treated by doctors in Beijing Tiantan Hospital, Wu Hechen’s condition gradually stabilized after operation and has been hospitalized for nearly a month.

　　According to information later disclosed by Wu Hechen’s wife, Zhang Hongyi, craniotomy has cost 70,000 yuan, and care is still needed. Calculated by half a year, it needs 40,000 yuan … … A sum of medical expenses, no matter how big, made Zhang Hongyi embark on the road of asking for donations.

　　On May 1st, a message for help in the name of Wu Hechen’s mother appeared on the water drop platform, and Zhang Hongyi was analyzed by the outside world as a real trader. This information shows that the patient’s family income is 70,000 yuan, which is a poor household. There is a 130 thousand yuan car at home, which has not been sold yet, and the target amount is 1 million yuan.　

　　As Wu Hechen’s family hoped, after the help information was sent out, donations poured in, but at the same time, the questioning voices that were higher and higher were unexpected. Some netizens said that Wu Hechen’s family has two suites and a car in Beijing, and he also has medical insurance for serious illness. How can he need to get donations in this way?

　　There is also a target amount of 1 million yuan that is questioned: "Does cerebral hemorrhage need so much money?" Although Zhang Hongyi has exposed a lot of details, it does look like a lot: because the home and the hospital are far away, it needs to rent a house, 5,000 yuan a month, and it needs 120,000 yuan according to two years; Still need care, according to half a year, it needs 40,000 yuan; Skull repair surgery, almost 40 thousand yuan to 100 thousand yuan; There is also rehabilitation treatment, which is almost 50,000 yuan … … However, netizens did not buy it, and even pointed out that "1 million yuan is to raise the money for old-age care." "A lot of expenses inside are simply to get rich."

　　In this regard, Zhang Hongyi sent Weibo a response saying that 1 million yuan is the upper limit of crowdfunding, and as of the evening of May 3, 148,184 yuan had been raised, and the fund-raising expenses were temporarily enough, and the drip fund-raising has been closed. The two houses questioned by netizens are all public rental houses, one under the name of parents and the other under the name of grandfather, who has passed away and neither house can be sold. The car was bought before marriage, and there are paralyzed patients at home, so it is very troublesome to travel every day. Moreover, there are two old people at home, 60 kilometers from Changping South Exit to Tiantan Hospital, and the car cannot be sold. I don’t cheat or force donations.

　　The local neighborhood Committee also confirmed that the relevant situation was true, and the community also mobilized and raised more than 10,000 yuan.

　　However, these still failed to calm the doubts of netizens, and all kinds of "deep shackles" about Zhang Hongyi continued.

　　Degang Guo and Deyun Society were not spared in this fierce public opinion. Some people questioned that Degang Guo, as a master, did not give financial aid to his disciples. Deyun Society was questioned for not giving Wu Hechen medical insurance.　

　　However, Degang Guo and Deyun were the first to get out of this public opinion storm. On May 4th, Deyun Society issued a statement saying that Wu Hechen has Beijing medical insurance, and his medical insurance card is now retained in Tiantan Hospital. The "water drop fundraising" crowdfunding initiated by Wu Hechen’s wife is a private act. The family members said that the money previously donated will be directly transferred from the platform to the hospital account for follow-up treatment according to the rules, and the relevant expenses will be disclosed. Deyun Society and Degang Guo himself will continue to provide them with a certain degree of economic assistance.

　　This storm had nothing to do with it. Zhang Lingxiao said that Wu Hechen’s wife’s donation in the water drop fund belongs to personal help. "It is only her personal behavior, which has nothing to do with Deyun Society and cannot exist."

　　Wu Hechen’s wife’s behavior has been described as "crowdfunding" in many media reports, which is not very accurate in Zhang Lingxiao’s view. "Crowdfunding is not a legal concept. It is the most basic meaning to raise more funds and let people do something.".

　　So, what is personal help? Zhang Lingxiao explained that personal help refers to the behavior of individuals seeking help from the society through various channels and ways because of difficulties for themselves or family members. In law, the behavior of online donation for personal help belongs to the gift behavior with obligations in civil law.

　　Zhang Lingxiao said that China’s laws do not prohibit individuals from asking for help, that is to say, Wu Hechen’s wife’s behavior is permitted by law. Although personal help is not regulated by the charity law system and is not regulated by the charity law, it does not mean that it is outside the law, and it belongs to the supervision scope of the general principles of civil law, contract law, criminal law and other laws.

　　Legal and effective ways are still lacking.

　　Family financial situation is difficult to verify.

　　Degang Guo and Deyun Society are all right, but they are falling into this storm of public opinion. Some netizens said that Didi Chuji did not fulfill its audit obligation and did not verify the information of real estate and treatment fees in advance.

　　What kind of platform is the water drop chip? According to public information, as a free platform for serious illness fundraising in China, Didi Chuji is the pioneer of zero handling fee for serious illness fundraising in China. As of September 2018, the accumulated fund-raising amount of "Water Drop Raising" exceeded 10 billion yuan, which helped more than 800,000 seriously ill patients with financial difficulties and had 340 million charitable donations. Just in the past March of this year, Didi Chuji also completed the B round of financing, with a total financing amount of nearly 500 million yuan. In May 2018, the Water Drop Public Welfare Platform was officially approved as one of the Internet fundraising information platforms of 20 charitable organizations in China designated by the Ministry of Civil Affairs.

　　All this shows that this is a formal platform for raising funds for serious illness with development potential. However, the initial response of Didi Chuji in this incident has not been recognized by netizens. On May 4th, Shuidichou responded that it was not qualified to review the sponsor’s car property, and the "poor household" was the sponsor’s misoperation, and the platform had contacted the hospital. However, because the patient was still in the process of treatment, the hospital could not give the exact cost.

　　Some netizens said that they "don’t understand" the response of water droplets. Someone asked: "Dare to just say that I am poor on the crowdfunding platform?"

　　As a platform, does Didi Chuji have any responsibility in this incident?

　　A fact that can’t be ignored is that Wu Hechen’s wife showed on the fundraising page of Didi Chuji that "the information for help is not a charity public fundraising, and the authenticity is the responsibility of the information publisher. Didi Chuji reminds you to know the details before you can help". In Zhang Lingxiao’s view, such a prompt message means that "water droplets have fulfilled their risk warning obligations".

　　In fact, at 22: 00 on May 1st, the next morning when Wu Hechen’s wife initiated the fundraising, Shuidoutou had contacted the sponsor to learn more about the patient and asked him to supplement and publicize more relevant supporting materials and credit enhancement information such as the patient’s family economic situation certificate issued by the local neighborhood (village) committee. "Since then, Shuidichou has contacted the medical staff in the hospital where the patient is located to verify the patient’s condition and confirm that the patient’s condition is true." The water droplets replied to the reporter.

　　It is frankly stated that there is generally no legal and effective way to verify the current family economic situation such as car production, real estate and deposits. "In order to let the donor fully understand the actual situation of the patient and decide whether to help, Didi Chuji requires the sponsor to maximize and truly publicize the patient’s illness, treatment expenses, family economic status (mainly real estate, car production and other information), the expected use of the money and the enjoyment of medical insurance and commercial insurance. At the same time, Didi Chuji combines the third-party verification mechanism, supervision and reporting mechanism and platform review mechanism to verify the relevant situation of patients. "

　　The water drop said that it has always adhered to zero service fee since it was launched, helping patients to receive treatment in time to the greatest extent. Every fundraising project on the platform has a refund channel, and the donor can apply for a refund at any time according to his own wishes before the project is paid.

　　"Didi Chuji actively promotes the standardized development of the industry, and the follow-up Didi Chuji will continue to promote the improvement of self-discipline conventions and conduct business with stricter standards. Didi Chuji always adheres to an open attitude and welcomes the joint supervision of the whole society to help the platform develop more orderly and constantly improve the personal illness help environment of mutual trust and mutual assistance. " Water drop chip theory.

　　Authenticity and legitimacy are questioned

　　Self-discipline and supervision are the best policies.

　　Zhang Lingxiao found that the public’s doubts about personal help for serious illness mainly focused on two aspects: the authenticity of the submitted materials and the legitimacy of the use of donations. Are the fund-raising beneficiaries really sick? Do you really need so much money to treat this disease? Is the economic situation really enough to ask for help from the society? Are all the funds raised used to treat the diseases?

　　In fact, in response to these problems, as early as October 19 last year, three Internet service platforms, Aixin, Easy and Drip, officially released a self-discipline proposal, and jointly signed the Convention on Self-discipline of Internet Service Platforms for Personal Serious Illness.

　　Zhang Lingxiao believes that in this self-discipline convention, the platform’s solution to the above problems has been seen: "Strengthen the pre-audit of help information; Construct the whole process risk management system; Resist malicious acts of rumors and speculation; Establish a blacklist of untrustworthy fundraisers. " By constantly improving the mechanism, lead the healthy development of the industry. Ensure the openness and transparency of information, and ensure that every sum of money is used in practice, traceable, traceable, documented and questionable; Strengthen accountability, strengthen the relevant responsibilities of all subjects, effectively curb the fraudulent sale of donations and the abuse of funds, and severely punish immoral and illegal acts to make an example for others.

　　"This ‘ Self-discipline convention ’ Let us see the courage of these three platforms to consciously rectify the chaos in the industry. However, as a beneficial form of assistance, there is still a long way to go. The serious illness rescue industry is even more ‘ Newborn ’ It requires care and growth in all aspects, and legal perfection, government supervision, and platform risk control are indispensable. " Zhang Lingxiao emphasized that "self-discipline+supervision" is a good medicine to truly eliminate and rectify the chaos in the industry.

　　Zhang Lingxiao reminded that individual help-seeking behavior is not subject to charity laws and regulations, but the charity law has clear and strict regulations on charitable fund-raising, the use of charitable property and the information disclosure of charitable organizations. The charity organization itself is an organization established according to law, and the government has supervision, requiring it to operate in a standardized manner, improve its internal management mechanism, and disclose relevant information to the public. Therefore, it is suggested and encouraged that donors donate money to legitimate and regular charitable organizations to safeguard their rights and interests more effectively.

　　"With the intervention of charitable organizations, the management and use of donations according to the specific needs of help seekers can not only give full play to the professional rescue ability of charitable organizations, but also supervise the formation of the use of donations, provide maximum benefit assistance to beneficiaries, and also enhance the transparency and standardization of specific personal assistance, and better protect the rights and interests of donors and recipients." Zhang Lingxiao said.