Study On Tort Liability Compensation In Volunteer Service

Voluntary service in our country has developed unprecedentedly in recent years and the numbers of volunteers has also gradually expanded.The volunteers have been seen everywhere,such as community cleaners,Beijing Olympic Games volunteers,station channel member and disaster rescuers.volunteers' hard work has made great contributions to our country's development.Now volunteer service has entered in the life of every citizen,but the legislation of volunteers in China still has no formulated and implemented,is still at the primary stage of development.As a surge in volunteer service activities,the volunteers tort is also common occurance in volunteer service activities,which leads research on the infringement behavior.In this paper,author analyzes the volunteer service tort liability for compensation.This paper is divided into four parts:The first part,it mainly introduces the theoretical analysis of voluntary service tort liability.It first indicates four constitutive requirements of volunteer service tort liability,namely there is a volunteer service relationship,the fact of damage,causal relationship,and subjective fault.And after analyzing the perspectives of fault liability and no-fault liability of tort liability imputation principle,it finally puts forward the traditional tort law with the economics of law complementarily for relief;The second part,it mainly summarizes and analyzes the volunteer service experience of tort liability for compensation in the United States,Germany and France,for example the United States has a unified legislative and financial security,management system and legal compensation way in Germany,and France has incentive mechanism and professional requirements of risk awareness;The third part,it discusses the problems of the volunteer service tort liability for compensation.It points out the legislative status quo from three aspects of management regulations,the liability for compensation and the compensation method.And it puts forward the defects of tort liability for compensationthe in China's volunteer service,such as lack of unified volunteering tort liability law,lack of clear relief measures,and lack of reasonable implementation method;The fourth part,it gives perfect advises for our country's compensation for voluntary service infringement.First,it puts forward to perfect the law of volunteer service tort liability,to strengthen the training system,strengthen the incentive system,and set up the insurance system.Second,from three aspects of the choice of compensation subject and ways of litigation,the establishment of the volunteer service compensation fund system,and the introduction of government compensation guarantee,it analyzes to perfect the relief way of compensation for compensation for voluntary service infringement.Third,it adopts compensation principle of full compensation and complementary economic situation to define the scope of personal injury and property damage to let victims file an civil action for compensation.