Study On Tort Liability In Voluntary Activities

In recent years,China's voluntary service industry has been experiencing a continuous "high temperature".As a public welfare enterprise attracting worldwide attention,voluntary service industry has attracted more and more attention from people all over the world.Becoming a volunteer has gradually become a trend,and voluntary service industry has gradually become an important criterion for modern social civilization and progress.From the moment of the birth of voluntary service undertaking,volunteers,helping and love each other,dedicated,collaborative progress principle and concept,actively participate in social service,social management,social security,disaster relief,poverty alleviation projects,health care,community correction and other social undertakings,to promote the construction of multi-level social management and social service system and improve the played an important role and has become a important way of social spread positive energy,volunteers by people around the world including the government and society all areas of high praise.In a sense,whether the voluntary service in a country or a region is developed,whether the management is orderly,whether the service quality is excellent,whether the volunteer resources are abundant and whether the rights and interests are guaranteed has become an important standard to measure the comprehensive management ability of the society.China's voluntary service started in the 1980 s.Compared with western developed countries,voluntary service is still an emerging cause.Initiated and supported by the central committee of the communist youth league,the China youth volunteers association was established in December 1993,which marks the establishment of a unified national organization for volunteer service and the rapid development of volunteer service.In the process of rapid development,volunteers are faced with more and more risks.In many high-risk areas,volunteer service infringement cases are common.Compared with the vigorous development of voluntary service,the legislation of voluntary service in China is still in progress and cannot cope with the frequent infringement of voluntary service.In particular,the distribution of the tort liability of voluntary service has not been properly solved.Our volunteer service legislation work is still in the various provinces and regions volunteer service regulations to give priority to,the phenomenon of the legislative work of the central level is complementary,there are 36 provinces and municipalities and autonomousregions has issued a voluntary service regulations(gansu province,qinghai province,henan province,guizhou province,anhui province,and even not a volunteer service regulations)and a few specific volunteer services in the field of legislation.These regulations can only restrict and guarantee volunteer service activities to a certain extent in a specific area,but in the event of actual infringement,judges often avoid existing local legislation and legislation in special areas,and seek higher level legislation.This is not just because of the low level of local legislation.Current volunteer service legislation still stays on the declared characteristics,do not have a unified legislative name but the content is extremely similar,volunteer service training system is imperfect,volunteer service activities all main body legal relationship uncertainty,tort liability allocation is not clear and volunteer service problems such as imperfect is outstanding,the incentives and safeguards regulations led directly to the local volunteer service is overhead.However,legislative activities at the central level are slow,and the current "regulations on voluntary service" also have great defects,failing to effectively protect the rights and interests of all parties involved in voluntary service activities.Therefore,this paper focuses on the distribution of tort liability in voluntary service,analyzes the root cause and focus of the problem from a large number of cases,and then proposes corresponding regulatory measures.Only on the right path can the rights and interests of all parties involved in the service activities be guaranteed and the cause of voluntary service be able to develop healthily and vigorously.