Research On Legislative Perfection Of Compensation Liability For Volunteer Torts

In recent years,with the extensive development of volunteer service activities,research on volunteer service related issues such as the motivation of volunteers to participate in volunteer service,the protection of volunteers’ rights,and relief has gradually become a field of academic concern.As an indispensable part of the volunteer service process,the research on the toil liability of volunteers for the legitimate rights and interests of volunteers in voluntary service activities should receive attention from scholars.For this tort liability,how to clarify the provisions on the principle of liability fixation,compensation standards,and related supporting mechanisms through legislation is of great significance for improving the quality of volunteer service and promoting the vigorous and healthy development of volunteer service.At the central legislative level,the Regulation on Voluntary Services,as the first administrati ve regulation on voluntary service in China,do not explicitly regulate or explain volunteer infringement.It is worth noting that although the "Management Measures for Registered Volunteers in China"covers this issue,as a group regulation,its binding force in practice is not strong.At the local legislative level,29 provincial administrative units in China have formulated local regulations on voluntary services.However,in terms of content,these laws and regulations do not provide clear provisions on the distribution of compensation responsibilities after volunteers commit violations,and some provinces have too vague and general content provisions;Moreover,there are significant differences in the normative content of voluntary service legislation in different provinces,presenting a chaotic phenomenon of decentralized legislation.Therefore,from a holistic perspective,the current legislation related to volunteer tort liability in China mainly includes issues such as gaps and conflicts in legislative content,vague legislative norms,and incomplete related supporting mechanisms,which restrict the healthy development of volunteer service in China.In response to the above issues,this article proposes five aspects that need to be focused on in improving volunteer service legislation in China through comparative analysis and reference to the relevant provisions of volunteer tort liability in Germany,Japan,and the United States.First,formulate a unified and high-level "voluntary service law".Currently,China has accumulated a certain amount of legislative experience in the field of voluntary service,providing sufficient conditions for the formulation of a unified voluntary service law.Secondly,clarify the constituent elements of volunteer infringement,and clarify the scope of tort liability borne by volunteer service organizations.For voluntary service activities that should not be undertaken by voluntary service organizations,it is necessary to exclude the responsibility of voluntary service organizations in order to reduce their unnecessary economic burden.Third,clarify the legal relationship between voluntary service organizations and volunteers.Sort out the obligation norms of both parties in voluntary service activities,and then take the violation of obligation provisions as the legal basis for determining the degree of fault of both parties and determining the final responsibility bearer.Fourth,improve the normative content of volunteer tort behavior,and accurately grasp the principle of liability attribution and subsequent compensation rules for the basis of responsibility allocation.Based on the actual development of volunteer service in China,the unreal joint and several liability between volunteers and volunteer service organizations should be established on the basis of fully considering the principles of fairness,self responsibility,and risk control.Fifth,accelerate the improvement of relevant supporting mechanisms for voluntary services.It mainly includes strengthening the training of volunteers,introducing an insurance system,and expanding the scope of insurance coverage.