The Study Of Helper Responsibility

In China, the state of ceremonies, especially in its remote rural places,the traditionalspirit of mutual help is universally existed. With the advancement of the construction of a newsocialist countryside,this kind of helper relationship should be further encouraged andpromoted. Thus, the appearance of infringement act in the helper relationship isinevitable.Indeed,It is true in our real life,so it is necessary to use the law to regulate thesebehaviors. The supreme people’s court on the trail of personal injury compensation lawapplicable to the interpretation of a number of issues (hereinafter referred to as interpretationon personal injury compensation)that passed by on December4,2003has for the first timeclearly specified the processing rules on dealing with the disputes causing by helper activitiesin article13and article14, but it is only a judicial interpretation which has not rise to theheight of law. So people look forward to finding some regulations about helper responsibilityon Tort Law of the people’s republic of china (hereinafter referred to as Tort liabilityact),but unfortunately there are no regulations provided in Tort liability act. So makingregulations about the helper responsibility in the civil code in the future is very important toclarify the responsibility between the parties, reduce social cost, carry forward the traditionalChinese virtues and construct socialist new countryside.In order to make intact research on helper responsibilities,this paper will divided intofive parts.The first part is the brief introduction of helper responsibilities. In order to furtherunderstand the meaning of helper responsibility,this part also make some comment on theonly laws which make regulations on helper responsibilities.The second part is mainly an analysis of helper responsibilities and some relatedresponsibilities. Such as employer’s liability, liability caused by individual laborrelations,liability caused by labor relations, liability caused by contracting relations and nomanagement relations, for it is difficult to draw a clear distinction between these liabilitiesand the helper responsibilities, so it is necessary for us to make an analysis to further clear thehelper responsibilities.The third part is mainly a discussion about the components of helperresponsibilities.there are mainly three components:the helper should take on responsibility of personal injury compensation or the helper is really suffered from objective damage;there hasobjective helper relationship between the parties;the helper’s infringement or sufferinghappened in the objective activity.The forth part,mainly look at the responsibilities caused by volunteers’ activities inaccordance with the responsibility mentioned in the former part,to discuss wether we can usehelper responsibility to deal with the responsibilities in volunteers activities.The fifth part is mainly the writers’s opinion about how to set and regulate helperresponsibility in the civil code in the future.