Management System Study

Voluntary Service refers to a doctrine that a person provides services to other person(s) or manage other person(s)'affairs for other person(s)'benefits without any statutory or contractual basis. Although there is no prior agreement between the person providing services or management (hereinafter"Manager") and the person whose affairs is managed by the Manager (hereinafter"Managee") and the Manager has no statutory obligation to manage the affairs, after the Manager manage the affairs and according to the laws, a specific legal relationship will still be established between the Manager and the Managee. This is the legal system of Voluntary Service (or Voluntary Service system), which originated from the Roman Laws and has experienced an evolutionary process from a dependent system to an independent system. Today, the theoretical study and legal practice of this system has been developed very well in many countries.The establishment and development of the Voluntary Service System conforms with the moral direction and legal value of human society and has significant and positive meaning. Due to many reasons, however, at the present time the development of the theoretical research and legislature of the Voluntary Service System and the knowledge of its practical meaning and importance in our country are very limited, which in turn have also limited the implementation and application of this legal system in the PRC. In view of such circumstance, the author of this Article put forward her suggestions both from the theoretical study and legal practice perspectives to explore possible solutions to promote the development and implementation of the Voluntary Service System in China.Theory is the fundamental basis. Theory always exists before a legal system is created and developed. Our Voluntary Service System falls behind largely due to our slow research study of the Voluntary Service System and lack of the complete and in-depth Voluntary Service System theory. Therefore, based on the advanced and matured theories of other countries and regions, the author attempts to conduct a systematic and in-depth analysis and discussion of the Voluntary Service System from certain aspects (such as the nature of the law, constitution, type and legal validity) to provide some guidance to our country's legislature practice. Nonetheless, the theory needs to be tested by the practice. Based on the analysis and consolidation of the Voluntary Service System and the foreign advanced legislature experiences and according to the actual circumstances in our country, the author proposed certain specific thoughts and suggestions regarding current PRC Voluntary Service System legislature status so as to provide some guidance to our country's ongoing civil code drafting work and for purposes of the ultimate resolution of the legislature insufficiency of the Voluntary Service System in PRC.This Article focused on the combination of the theory and the practice and aimed to address and resolve the existing issues and problems. The research methods adopted by the author for preparing this Article included the historical analysis method, comparative research method and functional analysis method, etc.