Research On Volunteers’ Rights And Interests And Its Protection In China

As volunteerism plays an increasingly important role in economic construction,social development and the construction of spiritual civilization, volunteers whoserights and interests have not been properly protected as the subject of volunteerismyet. The main reason why volunteers’ rights and interests are infracted is lack ofnational legislation on voluntary service. Now, for the national legislation onvoluntary service has not yet been made in our country, the local legislations onvoluntary service act as the major and specific legal basis when regulating thevoluntary activities. With35local legislations on voluntary service being analysisobjects, this article counts the provisions of rights volunteers should enjoy, theprovisions of signing agreements to define the rights, duties, responsibilities, theprovisions of voluntary service funds, the provisions of purchasing insurance forvolunteers, the provisions of reward system, the provisions of legal liability, theprovisions of relieving the volunteers’ rights, and makes a brief analysis. This articleattempts to analyze the rules of the local legislations on voluntary service, seek theshortcomings and discover the advantages of the local legislations on voluntaryservice, learn successful experiences from foreign legislations, and providesreasonable proposals for our country’s legislations on protection of volunteers ’ rightsand interests.The volunteers’ rights and interests is composed of the legal rights which thevolunteers should enjoy and the interests which the volunteers should enjoy.Volunteers’ legal rights include basic rights which the citizens should enjoy and thespecial rights which the volunteers should enjoy. The volunteers’ interests includegrasping the knowledge and skills, owning quality exercises, getting material andspiritual rewards and so on. To achieve the protection of volunteers’ rights andinterests, this article discusses my legal considerations about the legal status forvolunteers, the volunteers’ rights, the main body of legal duties and responsibilities,voluntary service funds and insurance, volunteers’ social Security, the reward system for volunteers. Specific provisions of the legal status for volunteers are thefoundation of protecting the volunteers’ rights and interests. The legal status forvolunteers is reflected through the relationship between volunteers and voluntaryservice organizations, volunteers and voluntary service objects, volunteers andrelevant authorities, volunteers and the third party. The legal nexus betweenvolunteers and voluntary service organizations, voluntary service objects should berecognized as a special department of civil legal nexus. The content of volunteers’rights is the core of the voluntary service legislations, the fundamental rights andspecial rights which volunteers should enjoy should be explicit. Safeguard measurescould ensure the volunteers’ rights and interests. Subjects of obligations, subjects ofresponsibility, remedies for rights should be explicit. Establishment of voluntaryservice funds can provide financial guarantee for voluntary service. The gradualimprovement of the insurance purchasing and social security could ensure thevolunteers get equal compensation when compromised. The reward system canmaintain the passion of volunteers.