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The Research On Volunteer Obligation In China’s Social Volunteer Service Legislation

Posted on:2022-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:M Y YangFull Text:PDF
GTID:2506306314472294Subject:legal
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As volunteers gradually enter the public’s field of vision,the protection of their rights and the incentives and rewards after service have been continuously valued,but the commitment of volunteers is in a state where no one cares about them.Although many volunteers are nominally voluntary However,the completion of their volunteer work and the feedback from the clients are not optimistic.Nevertheless,these volunteers also enjoy the praise,applause and guarantee rewards behind their special status.At present,the main reason for the neglect of volunteer obligations in our country is the lack of a high-level volunteer service law.Although up to now,26 provincial-level administrative units in the mainland of my country have formulated local regulations on voluntary service,but their regulations on volunteer obligations are not clear.The regulations in some regions are too general and simple,and some provinces have not.Volunteer service regulations make direct requirements for volunteer duties,and there are also big differences in the content of volunteer duties in various local voluntary service regulations.At the central legislative level,there is only a "Volunteer Service Regulations" as a guide,but it does not clearly regulate and explain the obligations of volunteers.The long-term absence of legislation at the national level has led to the inability to accurately guide and adjust local legislation and volunteers’behavioral norms,which seriously affects the overall construction of the voluntary service legal system,and makes voluntary service advancement and standardization of volunteer obligations in accordance with the law.Reasonable performance falls into a bottleneck.Therefore,no matter at the level of central regulations or local regulations,my country’s regulations on volunteer obligations are in a state of confusion or even blank.Strengthen relevant research on volunteer obligations and promote high-level volunteer service laws.The task of introduction is imminent.Although up to now,26 provincial-level administrative units in the mainland of my country have formulated local laws and regulations on voluntary service,but their regulations on volunteer obligations are not clear.The regulations in some regions are too general and simple,and some provinces are not.Volunteer service regulations make direct requirements for volunteer obligations,and there are also big differences in the content of volunteer obligations in various local voluntary service regulations.At the central legislative level,there is only a "Volunteer Service Regulations" as a guide,but it does not clearly regulate and explain the obligations of volunteers.The long-term absence of legislation at the national level has resulted in the inability to accurately regulate local legislation and volunteers’behavioral norms,which has caused the legal advancement of voluntary services and the reasonable fulfillment of volunteer obligations to become a bottleneck.Therefore,whether it is at the level of central regulations or local regulations,my country’s regulations on volunteer obligations are in a state of confusion or even blank.Strengthen relevant research on volunteer obligations and make up for high-level volunteer service laws.The blank task brooks no delay.The study found that the current legislation on volunteer obligations in my country mainly includes issues such as unclear legal status of volunteers,inconsistent regulations on volunteer obligations,and lack of a mechanism to bear the consequences of breaching obligations.Especially in terms of the mechanism for bearing the consequences,the provincial-level local laws and regulations mostly generalize by"processing in accordance with relevant laws and regulations",and do not detail the consequences of non-fulfillment or improper performance of obligations,so that volunteers are in the process of fulfilling their obligations.China has always been in a vague state of knowing obligations but not responsibilities,and unable to make appropriate evaluations and punishments for those who fail to perform or perform incompletely.This has created huge obstacles to the smooth development of the entire voluntary service activities.However,some developed countries and regions have more mature legal guarantees for volunteer obligations.The judicial practice in the United States,Germany,and Taiwan has provided my country with a lot of experience,which has extremely high value for learning and reference.In response to these problems,our country should focus on three aspects in the process of legislation on volunteer obligations.First of all,the voluntary service law should be a high-level law.At present,both the central and local governments have a certain legislative foundation in the field of voluntary service,which provides strong legislative experience support for voluntary service legislation at the national level.In addition,the practice of amending lower-level laws and regulations or adding clauses on volunteer obligations in relevant laws not only fails to clarify the specific connotation of volunteer obligations,but also leads to uneven standards in actual performance.Undermine the continuity and integrity of the law and increase the difficulty of future amendments.Therefore,it is necessary to formulate a volunteer service law and make clear requirements for volunteer obligations in it.Secondly,improve the voluntary norms of volunteers,and accurately grasp the specific content of volunteers’ obligations.Comprehensive consideration should be made in combination with international experience and domestic reality,and the feasibility of the fulfillment of the obligations should be used as the basis for judging standards,combined with the practice of volunteer activities.Specific needs and regulations on volunteer obligations.At the same time,we should do a good job of explaining and supervising volunteers’obligations,and timely update the specific requirements and connotations of the obligations to meet the environment of the times,and enable volunteers to have a better understanding of their own obligations.In terms of supervision work,it is necessary to clarify the supervisory body that volunteers perform their duties.In addition to traditional social supervision,relevant government departments should be given supervisory responsibilities,and the supervisory subjects should be clarified so that the legal requirements of volunteers’ obligations can be more effectively observed.Finally,reasonably stipulate the consequences of non-performance or improper performance of volunteer obligations.For volunteers who fail to perform their obligations,the consequences that they should bear cannot be generalized,neither can they be held accountable,nor can they be held equally responsible.Accurate regulations should be made based on their specific performance.At the same time,it is necessary to consider the protection of the public’s enthusiasm and enthusiasm for participating in voluntary service activities,and the consequences should be repeatedly weighed and studied before making specific provisions.By accurately regulating the content,interpretation and consequences of volunteers’ obligations in the Volunteer Service Law,my country’s voluntary service industry will inevitably reach a new height and enter a new stage.
Keywords/Search Tags:volunteer, volunteer obligation, Volunteerservice, Legislation
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