The Legal Matter Study Of Helper Relation

Helper relation is not a legal terminology, at present,this concept have different usages in daily life,and the cognizance standards of it differs from one another in the judicial practice and juristal theory. The differences of cognizance standard between Gazette of the Supreme People’s Court of the people’s Republic of China and Gazette of People’s Court is a typical example.Proceeding from the the legislative intention of stipulating helper relation,it comes out that where a helper provides another person with labor services gratuitously, and causes an injury to others when carrying out the work, the helped party shall bear the compensation liabilities,and the foundation of vicarious responsibility that the helped party bears is the theory of the obligation to control and reward theory.therefore the helped party’s control over the helper and the helper provides the helped party with labor services are prerequisites in the cognizance standard of helper relation.As for the property of helper relation, there are three kinds of views in academic circles at present, it should be believed that helper relation is a free contract of labor gift, which has the characteristics of free of charge, consensus, identity, and temporality.The establishment of helper relation can take the form of oral or written, and the helper enjoy the right of revocation. Based on the foundation of making clear the property and characteristics of helper relation, we need compare it with employee relationship, negotiorum gestio, Gefalligkeitsverhaltnis, free independent contracts, and the volunteer service with no organization, so we can get a further understanding of the helper relation in turn.The article13of Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury stipulated the responsibility commitment in cases of helper causes an injury to others when carrying out the work.If the case accords with the component of helper damaging others, normally, we should follow the principle of presumption of fault, presumpe that the helped party was in error when electing, managing and supervising the helper party,so the helped party shall bear the compensation liabilities. If the helped party refused the helper clearly,we should follow the equitable liability principle, since the helped party was not in error,he have no use for bearing the compensation liabilities. If the helper was intended or made fault seriously,we should follow the principle of contributory negligence,both the helped party and the helper party shall bear the compensation liabilities.The article14of Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury stipulated the responsibility commitment in cases of helper suffers damage when carrying out the work.If the case accords with the component of helper suffering damage, normally,it’s a injury accident,and its treatments are the same as the responsibility of industrial injury accident, so the helped party shall bear the compensation liabilities.If the helped refused the helper clearly, we should follow the equitable liability principle,since the helped party was not in error,he have no use for bearing the compensation liabilities.on the other hand, in the view of the helper suffering his damage when carrying out the work,the helped party could compensate the helper to the extent of his benefit properly.If the helper suffers damage because of others’tort,we should follow the general tort liability, so the one who caused the damage shall bear the compensation liabilities.If the one who caused the damage is not sure or doesn’t have the compensation ability,we should follow the equitable liability principle,the helped party could compensate the helper to the extent of his benefit properly.At the same time, we need pay attention to two issues in judicial practice. The first one is that if the helper causes an injury to others, the compensation liabilities the helped party bears would not be limited by the extent of his benefit.The second one is that if the helper suffers damage because of others’tort,and the helped party bears the compensation liabilities,he can enjoy the right of recovery to the one who caused the damage,but in the extent of helper relation,the helped party can not enjoy the right of recovery to the helper.