Discrimination. Journeyman Relationship Legal Issues

Supreme people's Court defines "helper" as providing free labor for others.In real life,such kind of phenomena as "helper" exists in a great quantity both in the cities and in the country.The nature of providing free labor for others is different in various countries and regions.It can be regarded as relationships of commission or donation,but also be recognized as employment,use or other legal relationships.In chinese academy,the nature of the helper relation has four main viewpoints:a relationship of free labor gift; a value relation of an anticipated exchange for labor;a kind of management behavior without legal reason;helper contractual relationship.The nature of the helper relation will play an important role in the parties' request right foundation.In order to solve this case and provide beneficial help to similar cases, this paper analyses the helper relation systematically in the form of case from the angel of legal theories and legal provisions.The helper relation is distinct from those easily confused legal relationships,such as employment, manufacturing,labor,unpaid commission,and so on.The methods this paper has used are standardized analysis,comparative analysis,systematic analysis,logic analysis and so forth.Standardized analysis is used in the analysis of the nature of helper relation.Comparative analysis is used in the comparison of legal systems and theories of the helper relation in various countries or regions.This paper is divided into three parts.The first part is introduction to the cause of action,details,the focal points,disputes and disagreements of this case.This paper takes the personal injury compensation case of Supreme People's Court bulletin as a case, which is Zhu v.a company personal injury compensation.This case focuses on what kind of legal relationship is found between the plaintiff and the defendant and whether the plaintiff can require the defendant to compensate for losses. There are three main disagreements in this case:the employment relation,the manufacturing contract relation,and the helper relation.The second part,the main legal issues of this case.This part introduces the helper relation from the aspects of the concept,characteristics,nature as well as the comparison with the relevant legal relationship.The helper relation itself is different from the legal relationship produced by tort in the process of helper.Helper relation itself is a "pure friendship",and there is no contract between the parties.The helper will not compensate the helped for the "purely economic losses" when the helper do not perform or do not completely fulfill, unless the helper deliberately injuries the opposite party in the methods contrary to good custom.When the helper causes loses to the helped or the third party,or the helper has loses by himself,the request right foundation is the provisions on tort liability of civil law.The third part,conclusions.It is a helper relation between the plaintiff and the defendant.The company accused should compensate the plaintiff for the personal loss,and the plaintiff's improper operation of combustion which caused the accident can reduce the defendant's liabilities.