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What the First Court Ruling Reveals About How Courts View Online Mutual Aid and KangAi Commune

Zhang Mading3 min read

Recently, in a mutual-aid dispute involving KangAi Commune, the Beijing Haidian District People's Court dismissed all claims by members who demanded that a mutual-aid fundraising be launched and mutual-aid contributions be paid. This is, of course, not a final ruling, and the members may still appeal.

This is the first ruling in KangAi Commune's history to have gone through the full litigation process, and it is of great significance to the Commune. What is more noteworthy than the outcome is the court's several important findings about the online mutual aid mechanism.

First, mutual aid is not insurance. The court explicitly found that the mutual-aid relationship concerning KangAi Commune is a contractual relationship for online mutual aid services, and is not governed by the Insurance Law.

Second, the community covenant is legally binding. A lawful and valid community covenant, which members join voluntarily after adequate notice and confirmation, is an important basis for determining the rights and obligations of both parties.

Third, the platform is not the backstop payer of mutual-aid contributions. KangAi Commune bears the obligations to review mutual-aid applications in accordance with the covenant and to initiate fundraising for applications that meet the conditions, while mutual-aid contributions come from the joint participation of members under the mutual-aid mechanism.

Fourth, good-faith disclosure is the foundation of mutual aid. The court upheld the provisions on health conditions in the community covenant at issue, and held that where an application conceals prior medical history or otherwise fails to meet the conditions for joining, the platform has the right to refuse it in accordance with the covenant.

Fifth, and the point most worth pondering: the court characterized the health conditions for joining the mutual-aid association as a “risk-sharing arrangement” agreed upon by both parties.

This means that mutual aid must care not only about those who apply for help, but also safeguard the fair rights and interests of all members who take part in cost-sharing.

In adhering to its rules, KangAi Commune will sometimes inevitably face misunderstanding, doubt, and even litigation. But we must understand: goodwill cannot replace rules, and sympathy cannot override the community covenant. Making casual exceptions for applications that do not meet the conditions may look like helping one person, but it can harm the interests of the many members who honor the covenant.

Truly sustainable mutual aid is not about granting every request; it is about, under fair rules, letting those who meet the conditions receive the help they deserve and letting the rights of every member who honors the covenant be respected.

This ruling is not a comprehensive endorsement of everything KangAi Commune does; it is an acknowledgment of how the mutual-aid application in this case was handled in accordance with the law and the covenant.

It also reminds us that KangAi Commune must not only hold fast to the community covenant, but also keep improving its rules, fully perform its duty to inform, and review every application fairly.

Only when goodwill and rules go hand in hand can mutual aid go further.

Zhang Mading
Founder, KangAi Commune
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