Who does the Red Cross accept? Can I donate materials directly to the hospital? How to monitor? Here comes the argument! In recent days, due to problems such as unfair distribution of donated materials, backlog of donated items, and low distribution efficiency, questions have been raised against Hubei, Wuhan, and some local Red Cross societies in the province. On February 8th, a message from the official website of the Chinese Red Cross showed that the working group of the Chinese Red Cross Association went to Wuhan to guide Hubei Province and the Wuhan Red Cross to prevent and control the epidemic. According to the disclosure, Liang Huiling, secretary of the Party Committee and executive vice chairman of the Red Cross Society of China, led a working group of the General Assembly to Wuhan on the evening of February 1st, investigating and disposing of public opinion and reflecting related issues, and regulating the acceptance of donated money and materials and the disclosure of information in accordance with the law.
During the period, the working group not only visited the Wuhan Epidemic Emergency Material Reserve Warehouse, Sinopharm Holding Hubei Logistics Center Warehouse, but also visited the Hubei Provincial Disease Control Center and Vulcan Mountain Hospital to supervise the distribution of donated materials on the spot, and participated in the Hubei Red Cross Society. The cadre conference re-scheduled, re-deployed, and mobilized the epidemic prevention and control work, demanded to deeply learn the painful lessons of misconduct in the management of donated funds and materials, promptly conduct self-examination and self-correction, take practical and effective measures, and resolutely and thoroughly rectify the situation.
Four days ago, the Hubei Provincial Commission for Discipline Inspection announced that the relevant leaders and cadres of the Hubei Provincial Red Cross Society had inaction and inaction in receiving and distributing donated funds and materials during the epidemic prevention and control, in violation of the "three major and one big" rules and information. Issues of negligence such as public error. Gao Qin, Secretary of the Provincial Red Cross Party Group and Executive Vice-President, Zhang Qin, a member of the Provincial Red Cross Party Group and a full-time vice-chairman, and Chen Bo, a member of the Provincial Red Cross Party group, were punished. In the face of a sudden major epidemic, people's opinions on the performance of various Red Cross Societies in carrying out emergency rescue and control of the epidemic have been mixed. How did the Red Cross manage itself during the epidemic? How to recognize the Red Cross? We interviewed Ouyang Hua, a judge at Wangjing Court, Chaoyang District People's Court, Beijing.
Charity China website query shows that the Red Cross Societies (including Wuhan Red Cross and Hubei Red Cross) above the county level are all charitable organizations that are eligible for public fundraising and are all non-profit organizations. Article 25 of the "Red Cross Law" stipulates that no organization or individual may privately misappropriate, misappropriate, intercept or occupy the property of the Red Cross. In view of the distribution of social donations by the headquarters during the public health event, if the Red Cross and its staff do not obey the headquarters' allocation, privately, misappropriate, seize or appropriate the property, then according to the Red Cross Law twentieth Article 6 It shall bear administrative, civil and even criminal liabilities.
Ouyang Hua believes that at present the epidemic prevention and control is in a critical period. On the one hand, as a century-old charitable organization, the Red Cross should face up to its own strengths and existing problems, promote humanity, fraternity, and dedication, fulfill its legal duties, and act in accordance with the law. Good emergency help and humanitarian assistance work, and accept the comprehensive supervision of society, media, donors, etc. On the other hand, the broad masses of people and donors should correctly understand the Red Cross and its work, donate and supervise according to law, Carry out philanthropic activities on the track, and strengthen confidence to win the epidemic.
Question 1: Should there be a management fee for donated money and materials in emergencies? Article 17 of the Red Cross Law stipulates that the main sources of Red Cross property are: (1) Contributions paid by members of the Red Cross; (2) Money and donations donated by organizations and individuals at home and abroad; (4) Appropriation by the People's Government; (5) Other legal income. The donations accepted by the Red Cross are unpaid donations from charitable people. According to Article 60 of the Charity Law, Red Cross charitable organizations may withdraw a certain percentage of management fees for donations.
However, in the event of an emergency, should the donation money and materials be subject to management fees? The judge held that when an emergency such as a public health event occurs, based on the special background of the emergency and the legal status and duties of the Red Cross, it should no longer charge management fees. In fact, on January 27, 2020, the Chinese Red Cross Society also clearly stipulated in the "Notice on Doing a Good Job in the Management of Pneumonia Epidemic Prevention and Control of New Coronavirus Infections", and made donations for this epidemic prevention and control. No money shall be collected from provincial Red Cross societies. Question 2: When the public health event occurs, who does the Red Cross accept?
The judge pointed out that if an emergency such as a public health event occurs, according to Article 34 of the "Emergency Response Law of the People's Republic of China" (hereinafter referred to as the "Emergency Response Law"), the state encourages citizens, legal persons and other organizations to The people's government shall provide materials, funds, technical support and donations for emergency work. Therefore, the government can accept social donations in accordance with the law in the event of a public health emergency, and the Red Cross is one of the charities designated by the government to accept money and goods.
On January 23, 2020, Wuhan New Coronary Pneumonia Prevention and Control Headquarters issued the "Announcement on Accepting Pneumonia Donations for the Prevention and Control of New Coronavirus Infection" (No. 4), which was determined to be accepted by Wuhan Red Cross and Wuhan Charity Federation Social donation; On January 26, 2020, the Hubei Provincial New Coronavirus Pneumonia Prevention and Control Headquarters issued a notice confirming that the Hubei Red Cross, Hubei Charity Federation, and Hubei Youth Development Foundation accepted social donations; on the same day, the Ministry of Civil Affairs The "Announcement on Mobilizing Charitable Forces to Participate in the Prevention and Control of Pneumonia Epidemic Situation of New Coronavirus Infection Orderly" (Ministry of Civil Affairs Announcement No. 476) was issued, and the above five charitable organizations were determined to accept social donations on behalf of them. Materials for epidemic prevention and control. Therefore, Hubei Red Cross Society, Wuhan Red Cross Society and other specific agencies designated by the government to accept social donations.
At the same time, because the statutory responsibilities of the Red Cross include carrying out rescue and disaster relief related work, establishing a Red Cross emergency rescue system, and providing emergency rescue and humanitarian assistance to the wounded, sick and other victims in emergency events such as public health events, Therefore, the Red Cross Society of Hubei Province and the Red Cross Society of Wuhan City should fulfill their statutory duties, that is, rely on the Red Cross emergency rescue system and provide emergency rescue and humanitarian assistance for the wounded, sick, and hospitals under the coordination of the headquarters, including donated materials. Timely, accurate inventory, distribution and so on. Question 3: Can donors donate materials directly to hospitals other than the Red Cross designated by the government?
Article 35 of the Charity Law of the People's Republic of China (hereinafter referred to as the "Charity Law") clearly states that donors can donate through charitable organizations or directly to beneficiaries. Articles 9 and 10 of the "People's Republic of China's Public Welfare Donation Law" further clearly stipulate that natural persons, legal persons or other organizations may donate to medical and health institutions that are not engaged in public welfare undertakings for the purpose of profit. Therefore, donors can directly donate money and goods to medical and health institutions that are not for profit. Article 11 of the "Emergency Response Law" stipulates that the measures adopted by the relevant people's government and its departments to respond to emergencies shall be compatible with the nature, extent and scope of the social harm that may be caused by emergencies ... citizens, Legal persons and other organizations have an obligation to participate in emergency response work.
After the outbreak, the Ministry of Civil Affairs and other countries adopted the social donation collection policy, which designated the Hubei Red Cross Society and other specific institutions to receive social donations from the government, and confirmed that the social security donation will be deployed and used by the Epidemic Prevention Headquarters (except targeted donations). At the same time, on January 30, 2020, the Wuhan Red Cross Society Social Announcement No. 6 stated that donors can directly contact the targeted donation medical institution and send the donated materials directly to the recipient. Therefore, citizens, legal persons and other organizations are Direct donations can be made in accordance with laws and regulations.
We have noticed that the Wuhan Municipal Market Supervision and Administration Bureau recently issued a working tip: "Next, we will strengthen the publicity and implementation of the" Announcement ", and further call on the caring people to familiarize themselves with the needs of the hospital before organizing the donation of medical substances. Material varieties and standards, and try to realize donations through the Red Cross as a whole, so as to avoid bypassing the Red Cross ’s targeted donations, increasing the burden of hospital inspections and bringing security risks. Bypassing the Red Cross ’s donations to relevant units directly We will deal with all suspected violations of laws and regulations. "
Does this mean that donations can only be made to the Red Cross? The judge did not think so. The "Announcement" mentioned in the above work reminder is "Announcement on the Procurement or Donation of Epidemic-Resistant Medical Consumables". This announcement is to publicize the relevant standards and matters related to the purchase or donation of epidemic-resistant medical consumables. The Bureau's inspection duties on the above materials. The existing direct donations and targeted donations may indeed bypass the Wuhan Red Cross and Hubei Red Cross, etc., resulting in the Wuhan Municipal Market Supervision and Administration Bureau being unable to verify and verify the standards of related materials. Once the materials donated by the donor are not Complying with the legal standards for medical consumables will not only cause a burden on the hospital, but also cause serious consequences such as personal injury to patients.
Therefore, the work reminder of the Wuhan Municipal Market Supervision and Administration Bureau is actually a reminder that the materials donated by the donor must comply with relevant laws and regulations, otherwise it must bear the corresponding legal responsibilities. Therefore, the Wuhan Municipal Market Supervision Administration is based on the actual situation and hopes that the donor will donate. The materials are unified to the Red Cross to facilitate inspection and avoid risks caused by the quality of the materials. This is not and cannot be denied the way of direct donation or directed donation. Question 4: During the epidemic, how should the Red Cross deal with donations? With regard to the handling of donated items, Article 21 of the Red Cross Law stipulates that the Red Cross shall dispose of the donated money and materials it accepts in accordance with the fundraising plan, the wishes of the donor or the donation agreement.
The judge said that during public health incidents, charities such as the government-designated Red Cross received a large amount of social donations. In our country, the distribution authority of social donations is independent of the Red Cross or unified by the government. In this regard, no legal provisions are involved, unless it is clear when the government sets up a special group. Because the basic responsibilities of the Red Cross are in accordance with the basic principles of the International Red Cross and Red Crescent Movement, to complete the tasks entrusted by the People's Government and assist the People's Government in carrying out other humanitarian services related to its duties, the Red Cross should obey the government's Unified allocation of social donations.
If the donated materials are within the scope of the government's acceptance of donations, for example, the scope of the donations accepted in the announcement of the Wuhan New Coronavirus Pneumonia Prevention and Control Command is the materials urgently needed for epidemic prevention and control, including: medical equipment, medical equipment, reagents, Medicines, protective equipment, decontamination equipment, consumables (including masks in large demand), etc. If masks donated by individuals or legal persons, they should be uniformly deployed by the New Coronavirus Pneumonia Prevention and Control Headquarters, and charitable organizations such as the Red Cross are responsible for coordination, inventory, and distribution (except targeted donations).
If the donated materials are not in the scope of the government's announcement of accepting donations, the Red Cross does not of course accept the donations on behalf of the government. For example, a company donates food and vegetables to charitable organizations. In addition to targeted donations, all charitable organizations should be used for charitable purposes in accordance with the provisions of the articles of association and donation agreements, but they must not be distributed among the promoters, donors and members of charitable organizations . Given that food and vegetables are not easy to store, charitable organizations can auction or sell them in accordance with the provisions of Article 53 of the Charity Law, and the proceeds can be used for charitable purposes after deducting necessary expenses.
The Red Cross should make full and efficient use of charitable property. At the time of a public health event, donors and charitable organizations may not have time to sign a written donation agreement to determine when the donated property will be delivered to the beneficiary. How can we determine when the Red Cross will deliver the donated property? Article 60 of the Charity Law stipulates that charitable organizations should actively carry out charitable activities and make full and efficient use of charitable property. Although the laws and regulations do not specify the delivery time, in consideration of the huge number of donations, the emergency situation, and the large number of patients, the time to deliver the donated property should be based on the development of the epidemic. If the Red Cross and its staff cannot fully and efficiently If the use of the donated property causes serious consequences, it shall bear corresponding responsibilities.
Question 5: How to supervise the Red Cross? The judge said that the Red Cross should accept all aspects of supervision in accordance with the law, and supervision of donations is an important part of it. As far as donating money and goods is concerned, Article 22 of the Red Cross Law clearly stipulates that the Red Cross should establish financial management, internal control, public auditing and supervision and inspection systems. On the one hand, it is to establish an internal control system to achieve information disclosure. On the other hand, it is necessary to actively engage a third party to conduct audits, report the audit results to the Red Cross Council and the Supervisory Board, and make them public. Finally, it must accept the discipline inspection and supervision department. Special supervision, etc.
Article 23 of the "Red Cross Law" stipulates that the Red Cross should establish and improve an information disclosure system, regulate the release of information, and promptly announce the income and use of donated money and materials to the society on a unified information platform and accept social supervision. The author learned by consulting the official website of the Chinese Red Cross that on January 27, 2020, the Chinese Red Cross Association issued the "Notice on Doing a Good Job in the Prevention and Control of Pneumonia Epidemic of New Coronavirus Infections", which stipulates that the provinces The Red Cross Societies should do a good job of statistics on the use and distribution of donated funds and materials, including the amount of capital expenditures, purposes, the amount of materials issued, distribution destinations, etc., and promptly disclose to the society and feedback to donors in accordance with regulations. In practice, official websites such as the Chinese Red Cross, Wuhan Red Cross, etc., and Weibo publish dynamic information on the use of donations. Based on this, we can track the donations dynamically and throughout the process, so that every donation is in the sunshine. As you can see, let every donation go to the hands of those in need.
At the same time, donors can ask the Red Cross to inquire about and copy the relevant materials used in the management of their donated property in accordance with Article 21 of the Red Cross Law, and the Red Cross should promptly and actively report back to the donor about the situation. If the donor finds that the Red Cross has misused the donated property, the donor has the right to ask for corrections. If the Red Cross refuses to make corrections, the donor can file a complaint with the civil affairs department of the People's Government, file a lawsuit, or file a lawsuit with the People's Court. Sub-donation to realize the purpose of donation. In addition, if the Red Cross and its staff violate the above laws, they will bear administrative, civil, and even criminal liabilities in accordance with Article 26 of the Red Cross Law.