我国志愿者权益保障的立法研究

发布时间：2019-07-05 07:06

【摘要】：近年来,我国志愿服务蓬勃发展,注册志愿者和社区志愿者队伍庞大,一些民间团体也自行招募志愿者从事志愿服务,志愿者在扶贫济困、慈善捐助、环境保护、社区服务、应急救援等方面发挥了重要作用,越来越受到社会公众的关注和重视。然而,志愿者的合法权益的保障却很少有人关注,侵害志愿者合法权益的事件时有发生,这并未引起社会公众甚至政府的足够重视。当前,我国志愿者权益被忽视、受侵害的主要原因是缺少一部志愿服务法。虽然到目前为止,我国已经有超过40个省市制定了自己的志愿服务条例或青年志愿服务条例等地方性法规,但是它们对志愿者权益保障的规定过于笼统、过于简单甚至过于原则化,具体实施起来非常困难,起不到很好的效果。加快志愿服务立法,是解决目前我国志愿者权益保障问题的关键。志愿服务立法,有利于调动志愿者参与志愿服务的积极性;有利于加强社会各界对志愿服务的支持,为志愿服务事业提供良好的社会氛围;有利于完善我国的社会主义保障体系,加快社会主义法治国家的进程。本文通过分析地方性条例,寻找其不足之处,并借鉴国外发达国家先进的立法经验,提出完善我国志愿者权益保障的一些立法建议。全文内容主要分为以下四个部分:第一部分为志愿者及志愿者权益相关概念的阐述。首先阐述了志愿者的定义及特征,其次阐述了志愿者权益的界定,最后阐述了志愿者权益立法保障的必要性。第二部分为我国志愿者权益保障的立法现状及存在的问题。这一部分通过表格的形式介绍了我国目前地方性法规关于志愿者权益保障的状况,并分析了其存在的主要问题。第三部分为发达国家志愿者权益保障的立法状况及对我国的启示。本部分通过简单介绍国外四个发达国家关于志愿者权益保障方面的立法状况,来学习他们的先进经验,发挥其对我国志愿者权益保障的启示作用。第四部分为完善我国志愿者权益保障的立法建议。这一部分针对我国志愿者权益保障的立法现状和存在的问题,借鉴国外志愿服务发达国家的先进经验,从立法模式、立法原则、立法内容三个方面提出完善我国志愿者权益保障的立法建议。
[Abstract]:In recent years, voluntary service in our country is booming, registered volunteers and community volunteers are huge, some civil society organizations also recruit volunteers to engage in voluntary service. Volunteers have played an important role in helping the poor, charitable donations, environmental protection, community service, emergency rescue and so on, and have been paid more and more attention by the public. However, few people pay attention to the protection of the legitimate rights and interests of volunteers, and the infringement of the legitimate rights and interests of volunteers occurs from time to time, which does not attract enough attention from the public and even the government. At present, the rights and interests of volunteers in our country have been ignored, and the main reason for the infringement is the lack of a voluntary service law. Although up to now, more than 40 provinces and cities in China have formulated their own voluntary service regulations or youth voluntary service regulations and other local laws and regulations, but their provisions on the protection of volunteer rights and interests are too general, too simple or even too simple, it is very difficult to implement, and can not play a good effect. Speeding up the legislation of voluntary service is the key to solve the problem of protecting the rights and interests of volunteers in our country at present. The legislation of voluntary service is helpful to arouse the enthusiasm of volunteers to participate in voluntary service, to strengthen the support of all walks of life for voluntary service, to provide a good social atmosphere for the cause of voluntary service, to perfect the socialist security system of our country and to speed up the process of socialist country ruled by law. By analyzing the local regulations, looking for their shortcomings, and drawing lessons from the advanced legislative experience of foreign developed countries, this paper puts forward some legislative suggestions to improve the protection of volunteer rights and interests in our country. The full text is mainly divided into the following four parts: the first part is the description of volunteers and the related concepts of volunteers' rights and interests. This paper first expounds the definition and characteristics of volunteers, then expounds the definition of volunteers' rights and interests, and finally expounds the necessity of legislative protection of volunteer rights and interests. The second part is the legislative status and existing problems of volunteer rights and interests protection in our country. This part introduces the current situation of the protection of volunteers' rights and interests in local laws and regulations in China through the form of tables, and analyzes the main problems existing in the protection of volunteers' rights and interests. The third part is the legislative situation of volunteer rights and interests in developed countries and its enlightenment to our country. This part briefly introduces the legislative situation of the protection of volunteer rights and interests in four developed countries, to learn their advanced experience and give full play to its enlightening role in the protection of volunteer rights and interests in our country. The fourth part is the legislative suggestion to perfect the protection of volunteer rights and interests in our country. In view of the present situation and existing problems of the legislation of the protection of volunteer rights and interests in our country, this part draws lessons from the advanced experience of foreign voluntary service developed countries, and puts forward some legislative suggestions for perfecting the protection of volunteer rights and interests in our country from three aspects: legislative mode, legislative principles and legislative contents.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.182.3

【相似文献】