On Performance Assistant

With the rapid development of the socialist market economy,the further deepening of the social division of labor,the increasing normalization of production cooperation,and the increasingly widespread production of specialized social production,various types of transactions occur frequently and no one can personally participate.In the execution of each transaction,the use of assistants can be widely used in social and economic life.It is also increasingly common for others to expand their own business scope.In the actual performance of debts,many debtors do not perform the contract themselves,but instead use performance assistants to assist them in fulfilling their obligations.Therefore,the issue of the burden of responsibility should arouse our attention.In the case where the debtor uses the performer to assist him in performing the debt,the burden of the contractual liability is different from the traditional situation.The traditional contractual responsibility is actually that the defaulter is responsible for the results of his own actions,and the performance of the assistance by the assistor to perform the debt needs to discuss the extent to which the debtor should be responsible for performing the helper's actions.It is an important concept in the traditional civil law system to fulfill auxiliary people,and there are different kinds of rules in different countries and regions.It is not only the concrete reflection of the principle of the relativity of the contract,but also the practice of the non-fault liability in the field of contract law.Perform assisted the expression of a person's first appeared in the "tourism law" the regulation in our country,and package tour contract is the core of "tourism law",is also a kind of typically need to use to assist people to participate in the performance of the contract types.This article embarks from the package tour contracts for "performance of the aided person" of civil law in our country,especially with the "contract law" article 64 of the "debtor" and "contract law" article 65 of the concept of "third person",and draw lessons from foreign successful experience,combined with the actual situation of our country,to define performance of the aided person's connotation and denotation,clarify the performance of the aided person and division of responsibilities between the debtor and creditors,reasonable allocation of contract risk is given.This paper is divided into five chapters:The introduction part mainly introduces the question,the background of the research is the purpose and significance of the research.The first chapter analyzes the concept and type of the auxiliary person in depth,and analyzes the system background and function orientation in our country.The second chapter mainly analyzes the theoretical foundation of fulfilling the assistant's responsibility and the legal relationship with the related subject from the perspective of fulfilling the responsibilities of the assistant.The third chapter mainly starts from the package price travel contract,defines the performance helper in the package price travel contract,and makes a brief analysis of the type of positioning liability in the tourism service relationship.The fourth chapter investigates the implementation of ancillary system in traditional civil law countries and regions.Fifth chapter starting from the actual situation of our country,deeply analyzes the proposals on the problems existing in the performance of auxiliary,and for the improvement of the system of performance of the aided person the rationalization proposal is given.