The Helpers Responsibility Research

Helpers phenomenon is widespread in China’s vast urban andrural,helpers phenomenon is more common, especially in rural areas.Weddings and funerals in rural areas, building renovation, theadjacent village friends provided free of charge labor phenomenonabound. This is the embodiment of simple local folk thousands of yearsin China, but personal injury in helpers process, including helpworkers’hurt and help workers to cause damage attendent. Thisinvolves helpers responsibility to resolve who should takeresponsibility and bear much responsibility, which must be handledproperly,if not,will not only affect the neighborhood harmony butalso damage the legitimate rights and interests of parties. China’sprovision on the responsibility of helpers is《The interpretationof the Supreme People’s Court on hearing the personal injurycompensation case law applicable to a number of issues》(belowreferred to as 《Personal injury compensation for judicialinterpretation》), the provisions of Articles13and14. These twojudicial interpretations provide a trial basis in China’s judicial practice, but the explanation is a reference to the employer’sliability to make provisions, too simple, while its role has alsorevealed that many of the problems.The purpose of this paper is the helpers responsibility premisethat the helpers relationship as a starting point, starting from thelegal theory and legal systems, using the method of system analysisto compare the links and differences of helpers relationship andresponsibilities and similar legal relations and responsibilitiesof that employment relationship, gestio and unpaid commissioned.Then use the method of comparative analysis to compare the legalsystem of our country and abroad on the responsibility of helpersand regulations. Finally, China’s national conditions and publicsentiments as the purpose, put forward the necessity to establishthe helpers responsibility of our country and relevant legal advice.This article is divided into three parts.The first part,the overview and definition of the helpersresponsibility. This section introduces the concept and meaning ofthe helpers relationship, starting from the concept of the helperrelationship leads to the infringement question of responsibility in helpers process, and compare helper relationship andresponsibilities and the similar relationship and responsibilitiesof the links and differences to carry out systematic andcomprehensive analysis of the overall understanding of which thehelpers responsibility.The second part,the introduction of the provisions of theforeign helpers responsibility. Using the method of comparativeanalysis in this part to analyze helpers responsibility and therelevant provisions of the world’s major legal systems,includingthe legislative form and the social conditions of the civil law andcommon law on the responsibility of helpers to explore thelegislative provisions of foreign helpers responsibility.The third part, the improvement of our helpers responsibilityof legislative proposals. This section is intended to improve ourhelpers liability legislation. This section includes two aspects,on the one hand, combined with China’s national conditions andeconomic and social conditions, analysis of China’s current socialenvironment of the helpers responsibility and the currentlegislative situation and defects to point out that the existing problems of China’s helpers liability legislation; The other hand,according to the problems mentioned above to put forward legislativeproposals to improve China’s helpers responsibility.