Research On Tort Liability System In Volunteer Service

Volunteer service in China started late,but with the rapid development of China’s economy,volunteer service has also developed rapidly.Nowadays,the number of volunteers and the length of service in our country have reached a new height,but the construction of volunteer service institutionalization is still not perfect.For example,the norms of volunteer tort liability are still lagging behind,and there is a lack of specific provisions.However,in real life,infringement cases involving volunteers often occur,and the rights and interests of volunteers and their clients cannot be well protected.This is one of the important reasons for the slow development of volunteer service in China.The first part mainly defines the definition of voluntary service,and analyzes the three characteristics of voluntary service: free,voluntary,public welfare.Through comparative analysis of the relationship between volunteer service and employment,negotiable management,beneficiary service and principal-agent relationship,the author believes that the nature of volunteer service should not be one-sided.Volunteers,volunteer service organizations and volunteer service objects should be combined in two groups,and then determined.The legal relationship between them,such as the relationship between volunteers and volunteer service organizations is the relationship between member management organizations and members,and the contract relationship between volunteers and volunteer service objects.This article divides the tort liability of volunteer service into two kinds,that is,volunteers are infringed in volunteer service and volunteers infringe on the rights and interests of others in volunteer service.Among them,the violation of volunteers includes the violation from voluntary service organizations,the violation from the service object,the violation from the third party,and the violation from their own fault.Moreover,the government should also play an important role in the field of volunteering,formulate more encouraging policies,and should also supervise volunteer organizations.The second part analyzes the status and problems of China’s voluntary service tort liability system.There are five major problems in the tort liability system in China’s voluntary service,namely,the decentralization of legislation and the inconsistency of standards;the lack of operability of the liability system;the lack of responsibility system;the imperfect insurance system and insufficient remedies.After comparing with the developed countries of the two major legal systems of the Anglo-American legal system and the civil law system,the author believes that we should learn from their experience and determine that our immediate task is to develop a unified,operational and clear voluntary service tort liability.laws and regulations.The third part first introduces the urgency and necessity of legislation,then analyses the principle of liability for tort in voluntary service and the elements of tort liability in voluntary service.As for the principle of imputation,the service content of voluntary service is not specific,so it can not be unified as the principle of fault liability or the principle of no-fault liability.The provisions of tort liability law should still be applied,the principle of no-fault liability should be applied in special cases,and the principle of fault liability should be applied in other cases.In terms of tort liability,tort liability should still be divided into volunteers as tort victims and volunteers as tort victims according to the types of tort liability.In order to better protect the rights and interests of the infringed,the author believes that in the new legislation on tort liability of voluntary service,the remedy methods of tort liability in voluntary service should be improved.Special insurance,special fund,state compensation should be encouraged,and various measures should be taken simultaneously so as to better guarantee the infringed’s rights and interests to be damaged.Can be rescued or treated.Of course,not all torts mean tort liability.In this paper,the author also introduces the exemption of tort liability in voluntary service,such as victim’s fault,third party’s fault and so on.