Study On The Legal Character And Personal Injurycompensation Of His Helper Relationship

Pay attention to the relationship between people is an important characteristic of long-term development of our society,and help the China since ancient times,the traditional virtue is the important embodiment of China "human society".This phenomenon is particularly significant in rural areas,in the autumn harvest,help other villagers to do farm work,help carry bricks and tiles in the new building,to help with chores during weddings and funerals in.Based on these good customs to provide free services are unified called "helper".The helper relation is to provide services form,so this process will inevitably produce the problem of personal injury,which relates to the helper relation in the responsibility of compensation for personal injury.With the progress of society,people with helper way has become diverse,so the legal problems caused by more and more.So,the law profession and the judicial practice in the "helpers" of this phenomenon has been paid more and more attention to this problem,but the law is only reflected in the "Supreme People's Court on Several Issues concerning the application of law in the trial of personal injury compensation case explanation" article thirteenth and fourteenth,however,due to the in the content of some rough,not detailed enough,therefore encounter more complex cases in practice,and can not be used with good guidance.Based on the existing judicial interpretation,the court verdict on the basis of the definition,in the concept of helper relation based on feature analysis,comparing the helper relation with other easily confused with the legal relationship in the legal characteristics of the similarities and differences,and to analyze its legal nature as an independent category the legal relationship;based on the above conclusions,the responsibility of compensation for the helper relation discussed in-depth personal injury.Finally,according to the above analysis,the author puts forward some legislative suggestions.This paper mainly consists of five parts,the first part is the introduction,including the research background and significance,the status quo and the problems to be studied in this part;the second part is the analysis of the concept and characteristics of workers by using the comparative analysis method;the third part of the legal nature of relations between the helper and several other helper relation in the legal relationship the fourth part;compensation for personal injury in the labour relationship,this part is the most important content,including the relevant judicial interpretation,the liability for damages by using case analysis elements for help workers,determine the responsibility of compensation for damage in workers in the study and practice of law and compensation for damages of bear form study.The fifth part is the conclusion,which should be in the relevant legislation to clarify and refine the helper relation.