The Study On The General Duty To Rescue

During the period of building socialist market economy, accompanied by dramatic social transformation,the traditional values and the ethical system,which had controled social behavioral choices for a long time,are faced with unprecedented challenges.Since the new moral system has not been established in time,it has caused the confusion of moral choice and the chaos of value orientation, leading to the indifference of the whole social relationships and the lack of care and trust for each other.As we all know,the good interpersonal relationships and the necessarily confident psychology are not only the inevitable requirement to the normal function of society,but also the core content of building a harmonious society.Therefore,moral reconstruction and correction of anomie behavior are required to reshape through education.It is more important to guide,correct,confirm and strengthen the conduct of the parties in virtue of the power of the law.In the process of adjustment for the conduct of the parties,compared to other legal norms,especially the prohibition norms of criminal law,civil law, which is characterized by advocacy and empowerment, is undoubtedly the most simple and effective way to influence the choice of the parties through imposing the general duty to rescue(GDR) on the members of society.Under the guidance of the basic tenets of Marxism,this dissertation takes the clarify of basic issues of the GDR as a logical starting point.By sorting the concept and types of the duty to rescue,the relationships with affirmative duty and the duty to care,this dissertation deduces the position of the GDR in the system of the duty to rescue. At the same time,it defines the unique connotation of the GDR through abstractively summarizing its essential elements. It makes clear the logical relationship between the GDR and voluntary behavior and negotiorum gestio.In addition,it also studies the historical development of the GDR.By sorting the wisdom and deep Marxism thought of human science, the dissertation clarifies the internal logical relationships with people in reality,human essence,human needs,the values of human and human development.Then it reveals that Marxism thought of human science is the theoretical basis of the GDR.In addition,the theories of the legalization of basic moral,risky society,the sanctity of life, social collaboration and protection for the vulnerable, provide strong theoretical supports for the legalization of the GDR. Hence,the dissertation puts forward ideas and suggestions to build the GDR in the omission of torts in civil law.Finally,the dissertation proposes that it should give the corresponding rights to the actors who undertake the GDR in the legislation.lt can encourage the actors to fulfill the obligations of distress relief, and maximize the expected results of the system of the GDR.