Recently, wu Shuai of actor of comic dialogue of heart cloud company (stage name Wu Hechen) broke out cerebral hemorrhage be in hospital on April 8 a month, its family is initiated in water preparing platform 1 million numerous chip, the asset immediately such as his car room causes heat to discuss, the netizen criticises its family member is cheated contribute.
Face doubt, wu Shuai's wife says, initiate 1 million numerous because do not know platform regulation amount to input a mistake,preparing is, two houses are fair hire a room to cannot sell, there are two paralytics to cannot sell a car accordingly in the home. South response of water preparing platform reporter, already affirmed to the hospital Wu Shuai illness is belonged to solid, at present in all procuration more than yuan 140 thousand.
Individual a serious illness appeals the mechanism of examine and verify of platform of raise the wind, make public opinion central point again.
Reach the leak that money of be apt to flows to to the examine and verify of initiator identity, southern Metropolis Daily ever undertook investigating in May 2018, discovery uses false diagnostic proof and proof of be in hospital, in prepare platform of raise the wind of 3 large networks water preparing, love preparing, easily to go up to all can initiate raise the wind smoothly to appeal, ultimate success is carried now.
Up to in April 2019, prepare easily raise money for family of numerous a serious illness total of money of be apt to breaks through 32 billion yuan. Water prepares App home page to show accumulative total raise the wind exceeds 16 billion yuan, home page of love preparing website alleges already prepared nearly 6 billion yuan to treat a disease money. This is meant, only these 3 platform, a serious illness appeals amount of network raise the wind is already close 54 billion yuan.
Around " cheat contribute " topic, platform of raise the wind and relevant expert were interviewed south, meet to the room has the patient of the car to whether can launch raise the wind, platform undertake to domestic economic atmosphere whether examine and verify, platform had the problem of 6 large central issues such as the responsibility that verifies economic condition to undertake discussing.
Current, initiator of requirement of water preparing platform is the biggest change, bona fide is fair economic atmosphere of the disease case that shows a patient, remedial expenditure circumstance, family (basically be house property, car produce wait for information) , expect money utility and enjoy cure to protect, commercial insurance circumstance.
As domestic user quantity bigger individual a serious illness appeals Internet serves platform, water preparing Ceng Yuai prepares heart preparing, easily released jointly on October 19, 2018 " individual a serious illness appeals convention of self-discipline of Internet service platform " , strengthen platform self-discipline management further.
Mention in autonomic convention, appeal the person wants to individual and domestic economic atmosphere true, comprehensive, undertake demonstrative objectively (basically be capital of wage income, house property, car, finance, medical treatment the information such as insurance) , can provide proof data, also can invite tripartite to assist evidence.
South the reporter notices, about the information of domestic economic atmosphere, platform of 3 raise the wind of domestic all asks initiator is offerred not compulsively, if the patient has a house,namely the car also can apply for to start raise the wind.
Wu Hechen of heart cloud company controversy of this raise the wind, quite the responsibility of examine and verify of stage of Yu Ping of one part focusing.
Current to the patient car is produced, the domestic economy condition such as house property, deposit, water preparing respect was responded to on May 5 south the reporter says, general lack checks a way effectively legally.
South the reporter understands, at present platform of a few big raise the wind to appealing of state of belongings of family front courtyard check, the key is centered at the project of raise the wind that is informed against. Platform is checked on one hand by appeal the material true bogus of the belongings case that the person provides corresponding asset proof, government sector to issue, undertake be visittinged on the spot on one hand, whether is understanding belonged to solid.
In process of examine and verify, if platform discovers appeal the person has conceal painstakingly, wait for those who violate compasses act false, can reject relevant application directly. Build money of medical treatment of false, divert to wait for behavior to exaggerated fact, anamnesis, platform will be built " break one's promise person of raise the wind " blacklist system is public show, information can be shared between each platform.
"Differ in thousands ways of condition of economy of the person that appeal, level of nonexistent unified capital, the person that just hope to appeal is OK and true, comprehensive the ground is common the belongings case that shows oneself, can make love personage rational be judged objectively given. " prepare platform easily the Ceng Xiangna before this the reporter expresses, true, comprehensive ground is common show pair of him person that appeal to also have profit, can avoid the controversy that creates because of information asymmetry effectively.
"The individual appeals, be it is difficult to because oneself or domestic member appear,point to an individual, pass the act that all sorts of all sorts of channel, pattern seek help to the society, law allows. " Zhang Lingxiao of counsel of beneficent union of director of office of attorney of Beijing Beijing division, China tells south reporter, from the point of legal angle, appeal the guardian that initiator should be him or its have capacity of civil law responsibility, close relative or entrust accredit agent.
To initiating the individual aptitude that appeal or doorsill, have the content such as how many asset, house property, car for example, zhang Lingxiao expresses to set without proclaimed in writing at present.
Prepare smooth platform scale easily, if appeal person economic condition is very good, platform does not suggest its initiate an individual to appeal.
From the point of the moral criterion of average life common sense and people, a domestic happening weighs the sudden difficulty such as disease, should save oneself inside limits of him financial capacity above all, appeal to close friends again, just appeal to irrelevant public ever since. Initiate because of the life quality that does not wish to affect oneself numerous prepared event, be contributed for cheat by netizen doubt normally.
Be in jural, the adds obligation donative action that attributes civilly because of the individual appeals and having the action of network contribution. Although did not bring into beneficent jurisprudence to superintend,the individual appeals, do not suffer " beneficent law " adjust, but belong to " civil code general principles " , " contract law " , " criminal law " the superintendency limits that waits for law.
"If initiator is put in the behavior such as baleful raise the wind, the agree carries relevant law responsibility. " Zhang Lingxiao expresses, wait to be suspected of bilk, cheat contributing violate those who violate compasses act, platform should freeze raise the wind instantly, end a project, start check, assist given person to uphold the right lawfully, till be sued to the court, report in time to concerned branch, cooperate actively to power gear undertakes investigating handling.
Xiang Na of battle of Yang Wen of solicitor of office of attorney of the aegis in Beijing the reporter expresses, because law seeks help to the individual,the qualification does not have a regulation, the person that the room has a car is initiated numerous chip do not break the law, but initiator is accountability the belongings case that shows oneself to the public according to the facts. If concealed belongings circumstance to initiate numerous chip, go up somehow tell belong to cheat to contribute.
"But cheat is contributed is not legal concept, inspect a circumstance to differ to form bilk probably, amount achieves standard of put on record to should investigate criminal duty. But if give birth to illness condition to belong to solid, maintain with point of view of current law of regular very difficult accessory punishment constitute crime of fraud. " analysis of Yang Wen battle, from before in light of case, the requirement returns the reason such as most and applicable con, great misunderstanding to still be donated, but numerous prepared this kind of means to decide dispersive, small benefactor holds the right very hard.
"Platform regards a proprietor of an enterprise as body, the attributive that waits without the executive authority, and there is ability of public right power to accomplish inquiry only below the case that the inquiry of private property does not coordinate in party, other principal part can rely on party consciousness only, platform also can undertake the examine and verify of formally only. " Zhang Lingxiao thinks, individual a serious illness appeals scale is larger, the examine and verify of platform discriminates force finite, domestic worth state is checked than special also to channel deficient, the law that because this cannot say,is platform defines Wu.
According to current law and regulation, yang Wen battle expresses likewise, platform verifies condition of the house property of the person that appeal, car, deposit without attributive.
"But if the domestic worth circumstance of the numerous person that prepare oversight to appeal, not agree with with platform tenet apparently. " Yang Wen battle says, this kind of mechanism can let have a few not the person of sincere letter uses flaw to initiate numerous chip, make originally so not difficult person took up public resource and benevolence, what also can let the public lose platform of pair of raise the wind is trustful.
Face " cheat is contributed " hidden trouble, water preparing platform was responded to on May 6 south the reporter says, at present lack checks the way of condition of patient family economy effectively legally, the hope can is opposite with relevant orgnaization as soon as possible receive, undertake well and truly checking.
Yang Wen battle suggests, from legislative level, the couplet network with the regular platform of lawful raise the wind that can give branch of classics civil administration examine and verify checks the attributive of belongings, proper motion of the person that for instance the requirement appeals provides the great belongings case such as house property, car, equity, platform adopts the couplet network system with relevant government sector, can give out check a request and get whether belonging to solid feedback.
"Appeal without what check to platform, platform is accountability clew public, this information without checking. Below the circumstance of existing policy, platform can perfect regulation, proper motion of the person that the requirement appeals offers belongings to inquire the document such as the proof is public show, perhaps collect fact of volunteer solid the earth's core to wait. " Yang Wen battle expresses, law did not grant platform limits of authority, it is OK to do not represent platform indulge this matter, also do not represent platform to cannot fall to be checked as far as possible in existing regulation.
Interview and write: South reporter Zhang Yating
