On The Legal Attribute Of The Relationship Between Workers And The Liability Of Personal Injury

Due to the special nature of our society, helper phenomenon is widespread inmost parts of our country, especially in rural areas. When encountered repairinghouses, weddings and funerals and other events, next door neighbors, relatives andfriends often come to help, which not only enhances each other’s feelings, but alsoreflects the fine tradition of mutual assistance, should be promoted. But with theexistence of a large number of helper phenomenon, is inevitable in the process willappear injury problems, which relates to the helper responsibilities. But in China’scurrent laws and regulations, only the Supreme People’s court On Certain IssuesConcerning The Application Of Law In The Trial Of Personal Injury CompensationCase Explanation article thirteenth and article fourteenth helper responsibilitiesstipulated, So it is the helper responsibility adjudication of disputes in the judicialpractice of the trial basis, But the stipulation is not refined, too simple, not welladapted to the complexity of the actual cases, so it is still lack of some guidance in thejudicial practice.The purpose of this paper is to start from the relevant laws and regulations inChina, analyzes the concept, the basic characteristics of the relationship betweenhelper phenomenon; Through using the method of comparative analysis, through thehelper relationship and voluntary relationship, employment relationship, because nomanagement, unpaid trust relationship and obligations attached to a gift relationshipcomparison, analysis of the links and differences between each other, define the legalattribute of the helper relationship; At the same time, through the legislative status ofhelper responsibility of our analysis, discusses the responsibility of shape and type ofhelper responsibility, according to the analysis of some related suggestions oflegislation.This paper is divided into three parts:The first part is the current situation of legislation and practical questions. In thispart, from the concept of helper relation characteristic and standard has carried on theanalysis to the helper relationship, puts forward the subjective and objective judgmentstandard of unity, At the same time, the legislation status of our work is the SupremePeople’s court On Certain Issues Concerning The Application Of Law In The Trial OfPersonal Injury Compensation Case Explanation of thirteenth and fourteenth are described, analyzed practical doubts helper responsibility in China.The second part is the comparison of helper and related legal relationship andlegal attributes. Through the comparative analysis, the helpers relationship andvoluntary relationship, employment relationship, because no management, unpaidtrust relationship and obligations attached to a gift relationship, the legal attribute ofthe helper relation are discussed.The third part is for personal injury liability forms and types of workers. Helperresponsibility is divided into a helper to damage compensation liability and helpworkers suffers damages two categories, specific for each type and were furthersubdivided, has carried on the detailed analysis, so as to have certain reference value.According to the analysis, put forward some legislative suggestions, to furtherimprove the legal system of our country.