Research on the Protection of Volunteers’ Rights and Interests in China —Based on 167 Cases of Volunteer Infringement Disputes from 2011 to 2022

DOI

10.2991/978-2-38476-062-6_21How to use a DOI?

Keywords

volunteers; unpaid helpers; rights protection; volunteer management law

Abstract

At the moment, administrative, local, and governmental guidelines make up the majority of the laws governing volunteers and their volunteer work in China. No comprehensive national laws protecting the rights and interests of volunteers have been developed. In real-world situations, there is a distinction between the trial of unclear responsibility allocation and unclear determination of the facts of the volunteer relationship when volunteers are infringed upon during the course of volunteering or infringed upon by others. In terms of the legal status of volunteer work, there are three different perspectives: “entrusted relationship,” “unpaid assistant,” and uncaused management. The author examined 167 cases of disagreements affecting the rights and interests of volunteer work and discovered that they can be broadly classified into two categories: “labor relations” and “tort disputes”, and analyzed the factors of determination in detail. The following recommendations are offered in light of the current situation, which makes it difficult to determine who bears responsibility in disputes regarding the rights and interests of volunteer services and the details of volunteer relations: A uniform volunteer management law should be introduced, the multi-dispute resolution process should be improved, and legal education should be conducted to raise the standard of volunteer services. “Conduct general education and increase public understanding of the legal system.”

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Qingchao Meng
AU  - Jianpeng Zhou
PY  - 2023
DA  - 2023/07/11
TI  - Research on the Protection of Volunteers’ Rights and Interests in China —Based on 167 Cases of Volunteer Infringement Disputes from 2011 to 2022
BT  - Proceedings of the 2023 2nd International Conference on Social Sciences and Humanities and Arts (SSHA 2023)
PB  - Atlantis Press
SP  - 147
EP  - 162
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-062-6_21
DO  - 10.2991/978-2-38476-062-6_21
ID  - Meng2023
ER  -