Research On The Legal Problems Of Voluntary Service

Voluntary service which offers free service by volunteers on the basis of conscience and morality is now coming into every field of our life and becomes an important characteristic of modern civilization. Free public welfare meets the need of others and society, which should be advocated and encouraged. Meanwhile, a good deed may confront risks, conflicts and even damage. Because we have no national voluntary service law, only local laws and regulations exist currently. Besides, they are not unified, only applicable to a narrow range and validity ranks low, which leads to ambiguous legal relationship, legal responsibility and lack of volunteers'security problems. When conflicts occur, only current laws can be used to tackle them. Therefore this paper makes some research on several legal problems.At first, this paper introduces the rights and obligations of volunteers and service objects, the responsibilities of voluntary service organizations and that voluntary service subjects can clarify mutual rights and obligations by signing up service agreement. Second, the paper analyzes the differences and similarities between the employment relationship, obligatory help and no-causing management and points out that voluntary service contains both commonality in the above and its special commonweal. This paper identifies the relationship between volunteer and voluntary organization and that between volunteer ,voluntary organization and their service objects is helper contract relationship, while the relationship between volunteer and their service subject and that between third parties is ordinary relationship. Third, according to the research on legal relationship, the paper puts forward the clarification of civil liability. It suggests that when volunteers suffer infraction, they ought to get the compensation from infringers. If the infringers are uncertain or unable to take it, the voluntary organization should take complementary responsibilities. Volunteers have the right to ask for compensation from voluntary organization when they suffer accidents. Meantime in order to prevent possible risks, it is recommended that volunteers are provided insurance. Regarding their tort liability, volunteers are protected according to different subjective forms: volunteers take all the responsibilities when they damage the service objects or the third party deliberately or by gross negligence. Voluntary organizations enjoy the right to recoup from the volunteer after taking the responsibilities. Finally the paper proposes specialized legislation on voluntary service after integrating the current status and local legal problems.