“一方有难,八方支援”捐助行为在我国古已有之,已与中华民族宽厚善良的品行一同融于血脉之中。今年来,随着社会发展和人民物质文化水平的提高,基于公益目的和道德而进行的募捐活动也在社会生活中扮演着越来越重要的角色。然而,由于目前我国没有专门的社会募捐法,在这一领域存在着明显的法律空白,对于募捐钱款的归属众说纷纭,纠纷不断。而在司法过程中也存在诸多误区,因此爱心募捐反惹官司频频,严重影响了社会道德风尚和人民生活。如何正确认定募捐的法律性质,明确当事人的法律地位及其权利义务关系,是合理适用法律解决纠纷的关键。 “Difficult on one side, P Plus support ” The donation act has existed in our country since ancient times, and has been in the same vein with the generous kindness of the Chinese nation. This year, with the social development and improvement of material and cultural level of the people, fund-raising activities based on the purpose and ethics of public welfare have also played an increasingly important role in social life. However, due to the fact that there is no special social fund-raising law in our country, there is a clear legal blanket in this field. There are many disputes about the vesting of fund-raising funds and disputes. However, there are also many errors in the judicial process, so frequent court cases of anti-provoking donations have seriously affected social morality and people’s livelihood. How to correctly identify the legal nature of the solicitation, clarify the legal status of the parties and their rights and obligations, is the key to the proper application of law to resolve disputes.