Legal Protection Of The Rights And Interests Of Volunteer Research

In this thesis, the research object is the lawful protection of volunteer’s rights. By combing the current legislative situation of volunteer service in our country, it analyzes the problems with the current legislation on the volunteers’ rights and interests protection.On this basis, it also demonstrates the necessity and feasibility of volunteer service uniform legislation to show that volunteer legislation must pass a unified way to promote a sustainable and healthy development of volunteer service in China and to strengthen the protection of the legitimate rights and interests of volunteers.Besides the introduction and the conclusion, this thesis is composed of three parts.In the first part, it combs the current situation of the legislative protection of our volunteers’ rights and interests. At the beginning of this paper, the central legislation which related to volunteer service was investigated and it points out that from the aspect of central regulations, activities which guide and standardize the volunteers’ service are scattered and not systematic; Secondly, according to the investigation of the current situation of local volunteer service regulations in China, although there are still many imperfections in local legislation and the operability during specific implementation process is not strong, the enactment of local volunteer service regulations is a symbol of the volunteer service in China has formally entered the path of standardization and legalization, which is the development direction of the volunteer service in China.In the second part, summarizing the current problems which exist in the legislation on the protection of the rights and interests of the volunteers. Firstly, there is no law to go by for volunteers when their rights and interests are infringed. The non-specific central legislation and the locality of regional legislation make volunteers who engage cross-regional volunteer service has no law to go by when their rights have been invaded. Secondly, though there are some places protect the rights and interests of volunteers in a legal way, it is hard to put it into practice. Not only the legal status of volunteering but also the relationship among volunteers, volunteer organizations and volunteering service objects is not clear. Therefore, the existing legislation often makes the lawful rights and interests of the volunteers are often in an "embarrassing situation". Finally it points out that the purpose and the intention of the existing legislation are good. It originally means to strengthen the safeguard of volunteers’ rights and interests. However, the executions of the law itself are difficult to perform. The law itself is in a tough situation.In the third part, it mainly demonstrates the necessity and feasibility to unify the legislation to protect volunteers’ rights and interests. This part demonstrates the necessity of uniform legislation of protecting volunteers rights and interests in three aspects: unified legislative can enhance high-level of legal status of volunteers’ rights and interests protection; the healthy sustainable development of the voluntary service needs incentive of unified legislation and judicial field calls for unified unified legislation. At the same time, on the basis of the necessity, this thesis points out that at present legislating a unified volunteering legislation has already been provided with political, social, and legal foundation.