Enterprises pinch ＂big heads＂ and donate odd ＂charity＂ projects as tools to collect money.

　　Xinhua News Agency, Hangzhou, April 13th (Reporter Yu Song Huang Xiao) In the name of "public welfare", only 10% of the clothes donated through civil channels were recycled, while other recycled clothes donated to needy groups were resold by enterprises. The "charity" project of "Giant Panda" used clothes recycling, which has been operated in Hangzhou for two years, has become a tool for enterprises to collect money and is accused of fraud. Can the new charity law lay a strong arm for this kind of public welfare chaos?

　　Donation only accounts for 10% of recycling, and profits are made in the name of "public welfare"

　　In April 2014, Hangzhou launched the "Giant Panda" old clothes recycling project, and the publicity theme included many fields of public welfare and environmental protection. At present, there are nearly 2,000 "giant pandas" in Hangzhou, and the total amount of used clothes recycled every day is about three or four tons. In the eyes of many citizens, this is a charitable donation point promoted by the relevant units.

　　However, it is this kind of "love landmark" that has recently been exposed to profit in the name of public welfare. The old clothes donated by the citizens are not delivered to the needy groups as promised at the start of the project, but most of them flow to downstream enterprises and are resold at high prices.

　　Ms. Guo, a resident of Xixi Street in Hangzhou, said: "As donors, we have the right to informed consent and feel that our kindness has been used."

　　The reporter’s investigation found that chaos similar to the above-mentioned confusion between public welfare and profit behavior is not uncommon in some cities. In February this year, Shanghai’s "Giant Panda", "Green House" and other old clothes collection points were subletted into garbage collection points due to the company’s operational difficulties, and the old clothes were directly resold by vendors for profit. In March, there were 18 suspicious donation boxes in Huangyan, Zhejiang Province, which were originally recycled by enterprises for profit, but the words "public welfare and environmental protection used clothes drop box" and "clothes drop port" were impressively printed.

　　According to the data released to the media by the "Giant Panda" project implementation enterprise and Hangzhou Shenqi Waste Recycling Chain Co., Ltd., from 2015 to February 2016, clothing donated through civil affairs channels accounted for 5% to 10% of the total recycling. When asked whether the company borrowed the name of "public welfare" intentionally or unintentionally during its operation, the person in charge of the company admitted that "this is the problem".

　　Li Zhen, deputy general manager of the company, said: "It is a derivative of the company’s business to take out the newer clothes that can be donated for public welfare ‘ Accessories ’ 。”

　　Relevant responsible comrades of the civil affairs department said that recycling projects are recycling projects, and enterprises are willing to donate part of their proceeds to charities. Of course, we welcome them, but we should not mislead the masses under the banner of public welfare.

　　Gu Donghui, vice president of the China Social Work Society, secretary of the Party Committee of the School of Social Development and Public Policy of Fudan University, and professor of the Department of Social Work, said: "Recycling old clothes for free originally used social resources, but also ‘ Pinch the big head and donate small change ’ This runs counter to charity. "

　　Inter-departmental "shuffle" people’s kindness is hurt

　　Established in 2003, Hangzhou Shenqi Waste Recycling Chain Co., Ltd. is one of the largest enterprises in Hangzhou for recycling renewable resources. In April 2014, the company and Hangzhou Urban Management Committee, Hangzhou Municipal Commission of Commerce, Hangzhou Civil Affairs Bureau, and environmental protection social group "Green Zhejiang" jointly launched the "Giant Panda" old clothes recycling project, with publicity themes including public welfare and environmental protection.

　　In the early promotion of the "Giant Panda" recycling project, in order to guide the public to actively participate, there are indeed some behaviors that amplify the public welfare attribute in propaganda and make the public misunderstand. Li Zhen admits that enterprises also have irregularities in the process of clothing recycling, and public welfare behavior is not open and transparent enough.

　　Who should pay for such consequences? It is difficult for all the units involved in the project to give a clear answer.

　　Urban management — — Zheng Shengquan, deputy director of the Hangzhou Urban Management Committee, said that at the beginning of the project, the urban management department was mainly responsible for the coordination and promotion of various communities, and then coordinated and guided the collection and transportation of enterprises. However, after entering the recycling process, the urban management could not manage it.

　　Civil affairs — — Ye Yuanqing, director of the Disaster Relief Department of Hangzhou Civil Affairs Bureau, said that the civil affairs department is responsible for docking the needs of the people in the donation channel and communicating the information of the recipients. "We will register and record the old clothes from the company for donation, while the business operation part is not ours."

　　Commercial Committee — — The relevant person in charge of the Hangzhou Municipal Commission of Commerce said that the supervision content of his own department is whether the recycling of enterprises is standardized and whether the old clothes are sold to qualified enterprises. The Commercial Committee has certain responsibilities for the irregular operation of enterprises, but whether enterprises are involved in public welfare activities is not within the scope of the above responsibilities.

　　Public welfare organizations — — Green Zhejiang responded that it will supervise more than 100 "giant pandas" involved in public welfare recycling from both human and technical aspects. The recycling personnel of Shenqi Company and the members of non-profit organizations can unlock the clothes bucket at the same time. Every recycling must fill in a "triple sheet", including the total amount of clothes collected, the amount used for donation and the amount recycled.

　　"But it needs to be clear that Green Zhejiang, as an environmental protection public welfare organization, still does not have the main qualification for charitable fundraising." The relevant person in charge of the Civil Affairs Department of Zhejiang Province stressed that the enterprises and departments involved should clarify the relationship between charitable fundraising and recycling projects as soon as possible. If it is found that recycled clothes can be used for charitable donations, it should be docked with the rescue and assistance center of the civil affairs department for registration. Only charitable organizations are the main body of charitable donations, and other social organizations need to apply to the civil affairs department if they need to donate.

　　Can the introduction of charity law lay a strong shot for public welfare chaos?

　　It seems particularly thought-provoking to see the "giant panda" incident in the context of the charity law just coming out. In the past, there were loopholes in the practice of confusing enterprises, such as lack of laws to follow and poor supervision. Relevant people hope that the formal implementation of the charity law can help to reverse this passive situation.

　　Lv Xin, an associate professor at the Law School of Zhejiang University of Technology, said that Article 4 of the Charity Law clearly stipulates that charitable activities should follow the principle of non-profit, so operating enterprises should strictly distinguish between operating activities and public welfare activities.

　　"Enterprises deliberately blur the boundary between the two in propaganda, which is essentially directly or indirectly playing ‘ Public welfare ’ Or ‘ Charity ’ Banner, borrow ‘ Charity ’ Seek economic benefits. " Shao Peizhang, deputy dean and associate professor of the School of Law and Politics, Oriental College, Zhejiang University of Finance and Economics, said that this kind of behavior is suspected of violating both the anti-unfair competition law and the charity law.

　　Experts stressed that the above two laws can regulate the behavior of operating enterprises, and the regulatory and law enforcement organs, that is, the industrial and commercial administrative organs and civil affairs departments of the people’s governments at or above the county level, can enforce the law according to their statutory functions and powers.

　　In view of the possible cases of "competing for law enforcement" or "shirking law enforcement" among government departments in practice, experts believe that it is necessary to establish a joint law enforcement mechanism between industry and commerce and civil affairs, guide and urge enterprises to clarify the boundaries between business activities and public welfare activities, and let the public welfare activities of enterprises return to the original meaning of charity.

　　In addition, in addition to perfecting legislation and strengthening law enforcement, it is necessary to curb public welfare chaos relatively thoroughly, and it is also necessary to increase the cultivation and promotion of charity culture. Gu Donghui said: "China’s charity should be on the right track. From the root of social thoughts, we must be honest, utilitarian and rule by law."