Remember
"Going to Xiangxi to support teaching for 10 consecutive years" became popular
Is the returnee female master Long Jingqing?
Image source: Changsha release
Recent
According to citizen reports
Changsha Civil Affairs Bureau
Changsha Shan Yin GongYi Aid Service Center
Suspected of violating public fundraising
Investigation was conducted
And issued an administrative punishment decision in accordance with the law (Changmin Penalty Decision [2021] No. 1)
According to the Administrative Licensing Law of the People's Republic of China
Article 40 provides
Open to the public
The administrative penalty decision letter shows
The legal representative of Changsha Shanyin Gongyi Aid Service Center
It is the dragon crystal eye
The "Most Beautiful Volunteer Teacher" who collected donations in violation of the law
The penalty decision is displayed
The parties publish QR code collection information through Internet media
Raise funds from the public
It should be recognized as an act of public fundraising
The parties concerned have not obtained the qualifications for public fundraising
Upon discovery, the parties have not obtained public fundraising qualifications
After the public fundraising is carried out
The Changsha Civil Affairs Bureau was on September 27
Order the parties concerned to immediately stop the fundraising activities
Its collection QR code was discontinued on September 29
Changsha Civil Affairs Bureau decided
Administrative penalties for warnings given to parties
Order the parties within 60 days
The illegally raised property will be returned to the donor of 11845.4 yuan
Submit administrative guidance to the parties
Require the parties to make comprehensive rectifications
Lawfully regulate charitable activities
Improve the internal management system
Standardize financial management
Strengthen the disclosure of information publicity
"Internet celebrity punch card style continuous show"
Long Jingjian claimed to have studied abroad when he was 16 years old
Graduated from Columbia University with a master's degree
His volunteer teaching experience began in the summer of 2011
At that time, she went to Xiangxi Friend Village to teach
The idea of calling more people to pay attention to education in mountainous areas was born
Long Jingjian said
After 2011
She uses the summer vacation to return to China every year to support teaching
Organized the "One Dollar Love Program" in the United States
Collecting donations for children in mountainous areas
He also studied social work at the master's level
It and the team organize charity activities
It has received the support of nearly 1,000 students at home and abroad
And in 2018, he set up his own charitable organization
Related reports said
10 years
Long Jingjian's "volunteer teaching footprints are all over Hunan, Jiangxi,
There are 24 remote mountain schools in Guizhou, Shaanxi and other places
Helped more than 2,000 mountain children before and after"
Some bloggers have questioned it
Long Jingying's volunteer teaching diary released on the short video platform has a "sense of violation"
After watching the video "I don't know what she did during her volunteer teaching."
I don't know what the children have learned
Only remember the beautiful image of her armed to the teeth and strands of hair"
Questioned his experience of "ten years of volunteer teaching"
It is a "continuous show of the Internet celebrity punch card"
The full text of the penalty decision
1. The source of the case and the course of investigation
On September 24, 2021, this organ received a real-name report from a citizen, saying that the parties had illegal public fundraising and other issues. From September 27 to December 13, through on-site inspections, interviews with responsible persons, entrusting third-party audits, and contacting donors, this organ conducted a comprehensive investigation into the parties' illegal public fundraising. During the investigation, the parties' legal rights such as making statements, presenting evidence, defending themselves, and applying for recusal were fully guaranteed.
On December 8, 2021, due to the complexity of the case, with the consent of the responsible person of this organ, the handling period was extended by 30 days, and the parties were informed on December 9. On December 21, 2021, in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China, this organ served the parties with the "Advance Notice of Administrative Punishment" (Changmin Penalty First Notice [2021] No. 17), informing them of the facts of the suspected violation of the Charity Law of the People's Republic of China, the administrative punishment decisions to be made, the reasons and the basis, and their right to make statements and defenses in accordance with law. The parties made representations and defences within the prescribed time limit.
2. Facts of the case
- On September 11, 2018, the parties concerned were registered and established in this organ, the legal representative Long Jingjian, with a registered capital of 30,000 yuan, domicile in Room 214, 2nd Floor, Luyun Square, Tianding Street, Yuelu District, and the business scope is to carry out student assistance, assistance to poor students and related public welfare activities.
- At the beginning of 2019, due to the needs of institutional management and business activities, the parties opened a two-dimensional code for collection, bound the basic deposit account of the center, and disclosed and used it on official platforms such as their official websites and service projects and multiple project channels.
- On September 29, 2021, the parties were ordered by this authority to turn off the QR code collection function.
Audited,
1. From September 2018 to September 27, 2021, the parties transferred a total of 187,982.71 yuan to the basic household through the collection QR code (the platform handling fee has been deducted), of which 40,469.46 yuan was collected for donations, 145,544.19 yuan was collected for the volunteer education travel (short-term study assistance) project, and 1,969.06 yuan was collected for the rural note cooperation promotion fee.
2. The overall financial management of the center is standardized, and no obvious violations such as distribution profits and related party transactions have been found.
3. Because the QR code of the collection is used in other fundraising channels such as the official website of the parties and the one forum, the audit institution cannot distinguish the amount of the public offering of the QR code published through the official website and the amount received through other channels in the donation collection of 40469.46 yuan.
From November 12 to December 12, the parties provided supplementary written materials, proving that 33122.3 yuan of the 40469.46 yuan were not public donations, and 1697.03 yuan had been returned to the donor.
After verification, of the 40,469.46 yuan of donation receipts that could not be distinguished by the audit, 23,938.55 yuan was donated by the donors through friendship, private channels, and previous participation in volunteer education projects. In order to facilitate the transfer, the donor adopted a QR code payment method, which is not a donation obtained by public fundraising. The remaining 16530.91 yuan was identified as the donation received by the parties through the public fundraising form of the QR code. Another $1,696.01 has been returned to the donor.
During the advance notification stage of administrative punishment, the parties again provide supplementary written materials to prove that 2989.5 yuan is not a public fundraising income. After verification, the situation is true.
The above facts are confirmed by a copy of the registration certificate of a private non-enterprise unit (charitable organization), an investigation notice, an inquiry record, a special audit report of Hunan Friendship United Accounting Firm (General Partnership) on the financial revenue and expenditure of Changsha Shanyin Gongyi Aid Service Center (Xiangyi Special Examination Zi [2021] No. 0065), a transcript of conversations, a donation agreement, a donation instruction, a telephone recording, a payment record video, an online bank electronic reply slip, and a bank refund voucher.
III. Basis and decision on administrative punishment
Paragraph 2 of Article 21 of the Charity Law of the People's Republic of China provides: "Charitable fundraising, including public fundraising for the public and targeted fundraising for specific targets".
The first paragraph of article 22 provides that "charitable organizations carrying out public fundraising shall obtain public fundraising qualifications".
Item (3) of the first paragraph of Article 23 stipulates: "The following methods may be adopted to carry out public fundraising: ... Dissemination of fundraising information through radio, television, newspapers, the Internet and other media."
A party publishing QR code collection information through Internet media to raise funds for the public shall be deemed to be an act of public fundraising, and the parties have not obtained the qualifications for public fundraising.
According to item (1) of the first paragraph of article 101 of the Charity Law of the People's Republic of China, "Where any of the following circumstances are carried out to carry out fundraising activities, the civil affairs departments shall give a warning or order to stop fundraising activities; order the illegally collected assets to be returned to the donors; if it is difficult to return, the civil affairs departments shall confiscate them and transfer them to other charitable organizations for charitable purposes; and impose a fine of between 20,000 and 200,000 yuan on relevant organizations or individuals: (1) Organizations or individuals that do not have public fundraising qualifications carry out public fundraising; ... ”。
After discovering that the parties had not obtained the qualifications for public fundraising and carried out public fundraising, this organ ordered the parties to immediately stop the fundraising activities on September 27, and the two-dimensional code of the collection was stopped on September 29.
In view of the fact that since the establishment of the parties, the overall operation is relatively standardized, basically in accordance with the business scope stipulated in the charter to carry out relevant public welfare activities for student assistance, at the same time, the amount of property obtained by the parties through public fundraising is not large, and there are positive performances in actively eliminating and mitigating the harmful consequences of illegal acts. In order to regulate charitable conduct, the following decisions are made in accordance with the provisions of article 101, paragraph 1, item (1) of the Charity Law of the People's Republic of China and article 32, paragraph 1, item (1) of the Administrative Punishment Law of the People's Republic of China:
1. Administrative punishment for giving a warning to the parties;
2. Order the parties to return 11,845.4 yuan of illegally raised assets to the donor within 60 days;
3. Submit administrative guidance opinions to the parties, requiring the parties to make comprehensive rectifications, standardize charitable activities in accordance with law, improve internal management systems, standardize financial management, and strengthen information publicity and disclosure.
If the parties are dissatisfied with this decision, they may apply to the Changsha Municipal People's Government for administrative reconsideration within 60 days of receiving this decision, and may also directly file a lawsuit with the Changsha Railway Transport Court within 6 months. During the period of administrative reconsideration and administrative litigation, the enforcement of the administrative decision shall not be suspended. Where there is no application for reconsideration or litigation with the court within the time limit, and the decision is not performed, this organ may apply to the people's court for compulsory enforcement.
Source: Shandong Business Daily, CCTV, etc