Studies On The China's Volunteers Legislation

With the development of social and economy, volunteers become more and more visible in the public. Volunteers involve into large number of events such as community service and other fields. With the development of civil society, volunteers play a increasingly pivotal position in social life.Voluntary service started to develop in the 1990s in China, and now growing rapidly. So far, including Taiwan,28 provinces, municipalities, autonomous regions altogether have formulated local laws and regulations in relation to volunteers, forming the foundation for enacting an nationwide volunteers law.At present, China still doesn't have a unified, authoritative and nationwide legislation to guide volunteers in which to make volunteer service un supervised. The disputes in the process of voluntary service also can't get proper solution which in turn, cause some volunteers'enthusiasm is dispelled. Having a national volunteers act is, therefore, imminent.The content this essay is divided into four major sections:The first part mainly expounds the concepts and characteristics of volunteers, volunteer organizations, and volunteer service objects, analyses the legal relationship between different subjects. This study suggests that volunteers and volunteer organization form a special, non-profit contractual relationship. Volunteers, volunteer organizations and voluntary service objects form an equal, unpaid, limited service and to be serviced relationship. In any case, if involving parties have signed a deal which then can be transformed into a special contractual relationship.The second part introduces the volunteer legislation in general. By listing the regulations'name, structure, scope, the qualifications of volunteers and volunteer organizations, the rights and obligations of volunteers, this study intends to compare all localized voluntary laws. The author concluded that the regulations'name and structure are not unified, volunteers qualifications are not clear and definite, volunteers'rights and obligations are inconsistent, the bearing tort liability is not clear, etc.The third part, compared and discussed the volunteer regulations in the United States, the United Kingdom, Germany, Japan and other France. The author suggests that there are some advantages which China can learn, such as making unified "volunteer service act", having plenty of operating funds, defining the incentives for volunteers and supervision terms clearly and so on. All of the aforesaid are significant for the the development of volunteer legislation in China.The fourth part is the author's suggestions about uniform volunteers legislation. The author proposed suggestions in the following seven aspects:legislation name; legislative structure; legal qualification of volunteers and volunteer organizations; the management, supervision of volunteer organizations; the legal relationship between behavior subjects of voluntary service; volunteers'legal rights and obligations; tortious liability in voluntary service, the protection of rights and interests and other provisions.