Study On Volunteer Protection Legal Problems In China

With economic and social development, Chinese voluntary services begin to rise and flourish. After the Beijing Olympics in 2008,5·12 Wenchuan earthquake, and the 2010 Shanghai World Expo had been held, the volunteers generally recognized and understood by the public. At first, the volunteers appeared after the Fist World War who does the international humanitarian assistance in war zones. In subsequent years of peace, volunteers contributed greatly to all aspects of maintaining order, environmental protection and helping the weak. Since the Ministry of Civil Affairs has carried out volunteer community service in the 1980s and the Chinese Young Volunteers Association established in the 1990s, Volunteers of our country were growing rapidly. Volunteers extensive activities in various fields of social life, and effectively make great achievements in the field of urban and rural construction, social management and public welfare. And it also alleviates social conflict, resolves social conflicts, maintains social stability, and promotes social harmony.Volunteers bring the convenience and benefit to our social life greatly. But at the same time, their rights have been infringed terribly, and the aid is difficult. Now in Chinese volunteers’ rights protection, there is some defect which is lack of legal protection. And the organizational management and supervision system is complexity and confusion. As a result, the volunteers’rights have been infringed who cannot obtain effective relief. How to protect the rights of volunteers effectively and how to relief the volunteers are the important issues in the Chinese voluntary service development process, which is ought to be faced and resolved. Forming a legal system with unified and standard, a scientific and rational organizational management, the protection of the rights and the relief system of voluntary service has important theoretical and practical significance.This paper finished with the research methods just like social surveys and comparative analysis. On the basis of social research, this paper is divided into four parts, which mainly discuss research on how to protect the volunteer and the system improvement. The first part is summarizing and discussing the basic theory about the volunteers. At first, the analysis is about the current domestic and international definition of volunteer, and differences between the volunteer and other similar group; And then it describes the concept and type of voluntary service and volunteer organization, as well as the legal relationship between the volunteers and the organizations, and briefly discussed with the volunteers’ rights protection; Finally, arguing the necessity of the Volunteer Protection legislation in many ways.The second part analyses the current legal situation and existing problems in China about the volunteers’ rights. The volunteers’ rights protection legislation has got some achievements about the definition and general volunteers’ rights. But there are still many problems, e.g. the shortage of unified specialized law, the unclear legal status of the volunteer, chaotic management, confused volunteer organizations and the difficulties of remedying for the volunteers’ rights.The third part introduces the foreign legislation about the protection of volunteers, and describes the inspiration to Chinese volunteers’ rights protection. Through the introduction of the successful experience of the United States, Germany, Spain and Japan in the volunteers’ rights protection; it educes something to improve our volunteer protection, and provides a theoretical basis and practical experience for the volunteer protection in China.The last part is the suggestions on improving the protection of volunteers’ rights in China. Through the analyses of current situations about the Volunteer Protection in China, it combined with the inspiration of the successful foreign experience, there are five points which improves the volunteers’ rights protection in China:the first point is expounding the main contents to perfect the legislation of Chinese volunteers’ rights protection; the second one is making the organizational management and supervision system specifically; the third one is constructing the volunteers protection system, which includes accidental injury insurance, special funds and social security; the forth point is establishing a way to solve problems for volunteers; the fifth and the last one is make the volunteer improve their own rights awareness and the public more and more supports.