Journeyman The Relationship Legal Nature And Personal Injury Compensation Issues

As a typical acquaint society, obligation helper is common since ancient times in China. People develop their relationship and build a good society through helping each other. In this paper, the writer analysis the obligation helpers, employment, personal services, non-management, free of commission and other related legal relation; discusses the legal property, responsibility and judicial practice of obligation helpers. Although the obligation helper has its special place, the obligation helper characteristic according to gefalligkeitsvehaltnis , therefore the obligation helper is essentially a gefalligkeitsvehaltnis, is a kind of special gefalligkeitsvehaltnis ,is a to provide rent service with be is the aggressive behavior of the form, is subjected to the good intentions that the law norm adjusts gefalligkeitsvehaltnis.The law attribute that obligation helpers, affirm that the standard carried on an initial study, Obligations helper relation is a kind of fact contracts relation, is not with to the direct realization of price is result of the contract relation, is a kind of"folks"contract that didn't need to be invited and promise.The article 13, article 14 of Supreme People's Court《On the trial of personal injury compensation law applicable to the interpretation of a number of issues》,the provisions of obligations helper, to obligation helpers adjust the phenomenon of great significance.《Tort Liability law of the People's Republic of China》that carries out on July 1, 2010 didn't make rules to the obligation helper, but the obligation helpers situation's generalizing is personal rent service relation at Article 35.With the development of economic and the widespread of Internet, more and more social volunteers, individuals and organizations break through the small circle of acquaintances to carry out obligation helpers. Inevitable damages maybe happen when volunteers provide free labor or service, which requires a legal and timely regulation. In China, the service provided by volunteers is not included in the legislation, so it is not good for unpaid or non-profit volunteer activities. Therefore propose to extend the scope of the concept of obligation helper to the free social services provided by volunteers, to better, development ground the instruction judicatory practice.In order to make a clear and intact research on obligations helper, this paper will be divided into three parts:The first part is the brief introduction of obligations helper. This part from the characteristic of obligation helper, relationship with gefalligkeitsvehaltnis and the affirm standard of obligation helper, etc is analytical, at the same time the lawmaking present condition of obligation helper carried on to elaborate to obligation helper to all read to do an accurate definition .The second part is an obligation helper to relate to with related law more analytical. The related law with obligation helper to relate to easily confuse the ground is more analytical, the law attribute of obligation helper carried on an initial study and contributed to the essence attribute that recognizes a pure obligation helper.The third part is the obligation helper human body damage infringement responsibility appearance and type. Responsibility of obligation helpers is divided into a helper to person the indemnity responsibility and the helper person's oneself suffer indemnity responsibility two major types, concretely again can carry on subdividing. This text carried on a study to the composing important item of obligation helper responsibility at the same time.