A Study On Law Relationship And Activity Liability Of Obligation Helping With Work

Obligatory helping with work is one of specific employment liabilities in China,Being independent employment relationship and contractor to confirm the differencesbetween obligation helping with work and other similar civil legal relationship, andcoping with party liability all kinds of damaged circumstances in helping with work,is one of main issues in juridical practice. There are merely Articles13and14ofJudicial Interpretation (No.20in2003) in Chinese laws which rule the responsibilitiesof helping with work. While Judicial Interpretation provides certain rationale andvalue orientation for problem-solving, there are still some inappropriate anddisputable items in judicial interpretation in the lens of specific cases and socialexperience.In this paper, the first part mainly analogizes the relationships of obligationhelping with work and employment, negotiorum gestio, obligation donation andcontract enclosed, free entrusted contracts and other similar civil relationships.Through the distinction between the characteristics of various civil relationships andliability sharing ways, the independent position of obligation helping with workemployer’s liability in our country is interpreted, and unique features of helping withwork are found out. Also, some housework behaviors from kinship but out of thescope of legal regulation are compared and distinguished to achieve rapidly accuratepositioning in practical cases for judgment.Through enormous summaries and contrasts in practical cases, and through theinterpretations of the different helper responsibilities in the Article13,14of judicialinterpretation (No.20in2003), the second part mainly explores its regulation on thescope of helping with work and the parts not involved and disputed further. Also, value judgment and inherent legal order, which legislator intends to express throughthe statement of articles of law, is analyzed to investigate the issues of compensationof damages involved in helping with work in the regulations of judicial interpretation.still, fault forms by different infringer and different fault forms by one infringer injudicial practices are generalized to inquire liability components of different parties inthe relationships of helping with works, i.e. to distinguish the damage which helpermade to the third party, the damage which helper made to the one helped, the damagemade by helper self, and the damage which others made to helper. Moreover, whetherhelper has intentional misconduct or gross negligence results in different classificationof liability confirmation. Furthermore, liability classification standards to differentparties in practice are discussed in the circumstances which there are definiteregulations in laws; and in the other circumstance which there are definite ones inlaws, the adjudicative reasons by judges from different constitutive components arediscussed in practice so as to summarize the intrinsic value choices of laws by judgesin adjudication and whether consensus is achieved.The summary of responsibilities of free helpers in helping with works isdiscussed mainly in the third part of the dissertation. On one hand, helper’s selflessdedication should be encouraged; on the other hand, damages are unavoidable inhelping with works. Based on adjudicative results and reasons of practical cases indifferent circumstances, the scopes of liability confirmation and compensation for freehelper in judicial practice are explored when free helper made damages to others orthey are damaged in helping with works, and conclusion is drawn that, due to freeactivities of helping with works, their liabilities of tort are mitigated truly.The forth part mainly involves with knotty problems in juridical practices, totallythree parts, i.e. the obligations ought to be paid attention by the one helped in helpingwith works, liability confirmation which the one helped definitely refuse helping withworks, and free helper is damaged but not because of activities of helping with works.Some implications are made for the solutions and confirmations to related issues inpractice as well. The fourth part of judicial practice difficult problems. Duty of care is to helpworkers involved in casuals relations, workers responsibility who accept the help, theobligation to help the workers is not compromised due to journeyman activities.Provide a reference for the practice of the relevant issues and identify solutions...