The Study On The Legal Intervention In Altruisic Rescue

Rescuing the people in danger is not a new issue,which gets wide attentionis inseparable from the dramatic changes in social life.The transition from acquaintance society to stranger societymakes the original moral system established on the basis of identity cannot play a role in the new environment.The reform of the economic system has enabled the long suppressed self to be released,and the individual freedom and personal value have been respected and protected.At the same time,the relationships of individual in the stimulus material interests have become more utilitarian and indifference.The problems highlighted in a series of failure to rescue events,not only make people reflect on what kind of life we need,but also began to consider the establishment of a new system of norms to adjust people's behavior.Altruistic behavior can be used as a biological,psychological and economic interpretation,but any explanation can not solve the problem of the individual's altruistic motivation is unstable,non persistent and discontinuous.As a kind of limited altruism in emergency situation,it is necessary to make a rule system to make up for the easier said than done.People hope to solve the problem of not rescuing the people in danger by law.Intervention can be divided into the protection of the interests of the perpetrator and in order to protect the interests of others.From the perspective of protecting the interests of other people,this paper discusses the legal intervention in altruistic rescue.The legal intervention in altruistic rescue is undoubtedly the limitation of individual freedom.According to Berlin,freedom can be divided into negative freedom and positive freedom.Negative liberty is freedom from interference.This is the bottom line of human survival,that is,for individuals to stay independent of the social control of space.Positive freedom comes from the desire of the individual to be his own master.The pursuit of id in the endshould be subject to more stringent constraints,the true self may be understood as something more than a personsuch as a tribe,race,church,or state.For the negative freedom,what is the bottom line of freedom itself is uncertain.Only using goodness delimits the boundaries of freedom.Positive freedom may lead to severe oppression and coercion,but it is conducive to the promotion and protection of personal ability.Multi value doctrine makes us realize that freedom is just one of many values,not in every case has the superiority.Moreover,the idea of liberalism is only one of many ideas.In the opinion of the Kropotkin,the author of“mutualism”,mutual aid is an instinctivething.We usually see in the evolution of human society is the competition between people,not seen the great role played by mutual aid in the process of evolution.In the view of communitarianism,the community is an entity with common value.Each member regards common goals as their own goals,to help the individual is to help the whole.Feinberg's thinking about intervention is more specific,and gives the response to the theory of compulsory good,crossed the line and the causality.All of the above mentioned,give full support to the justification of altruistic intervention.Galston's limited pluralism makes us realize that we should not only maintain the minimum personal freedom,but also recognize the priority in the specific situation.Therefore,the elements of the legal intervention in altruistic rescue should be more stringent.The two criteria of subjective and objective should be grasped in the context of altruistic rescue.Objectively,the situation can be described as an emergency state of great harm to one's life and health.Subjectively,the situation identified not only depends on the inner knowledge of rescuer,but also pay attention to the differences between different people,and the comparison with the average person.In the determination of the rescuer,the appropriate helper is a natural person who has the ability to help and will not endanger the safety of himself or others.The victim is a natural person who is unable to complete the self rescue under the condition of self help.If the good intentions of helping others can be realized,it is necessary to make clear that it is an obligation of the law to help others.The theory of the obligation,whether the antecedent action theory and special relationship theory,can not be fully applicable to the problem of rescuing the people in danger.Therefore,the obligation of altruistic rescue has become a specific legal obligation,which is unique in comparison with other obligations.In general,we regard the legal liability as the secondary sexual obligation arising from the violation of the first sexual obligation.If it violates the obligation of altruism,it should bear the legal responsibility.Moreover,it is also necessary to see that the social regulation of lawis carried out around the legal responsibility.To the legal responsibility of the offender,one is for the sake of deal with him as he has done to others,but the two is to achieve greater benefits through punishment protection.To impose legal liability is to achieve greater benefits through punishment.On the one hand,it can be used to prevent the occurrence of similar incidents in the future.On the other hand,we should establish the behavior standards of altruistic rescue through punishment,so as to realize the maintenance of the whole social order.From the point of view of abidingthe law,punishment is only one of the variables,the law contins not only mandatory constraints,but also the function of reward.If the punishment is from afterwards perspective to correct the behavior,the incentive is more emphasis on the former perspective to stimulate the behavior of the main body.Therefore,sanctions and incentives should be introduced into the legal liability of altruistic rescue to promote the formation of a harmonious theory of the law.As a result of the story of the good Samaritan in the west,the western countries as early as in eighteenth Century have the criminal law on altruistic rescue.Based on analysis and evaluation in the law of altruistic rescue of the civil law countries and common law countries,which can compare the difference between different law legislation mode,but also see the intricacies of rescue responsibilities in legislation.This will help us to set up the legal liability of altruistic rescue.The main purpose of the legal intervention is to help the victims in the crisis.Because of the difference of the status of the rescuer and victim,the realization of the good effect depends on the potential rescuer.This is a study on the effectiveness of altruistic rescue.From the perspective of the rescuer,the biggest concern lies to be framed,this negative incentive will make individuals unwilling to rescue.Secondly,when the rescue and personal interests conflict,what kind of reason can hinder the legal liability of the rescuer.Third,not to rescue appears the afraid mentality.On the one handworried that the rescue will not only improve the situation of the victims but bring greater harm.On the other hand worried the compensation due to improperrescue,that is whether or not to enjoy immunity.Finally,if rescuer are hurt by the aid,then the damage can notbe compensated,will also affect the realization of the rescue effect.In order to solve the problem of the rescuer,from the individual level,we should strengthen the mastery and application of the first aid knowledge to enhance the confidence.In the case of salvation,rescuers can make accurate judgments,and take the right way to rescue.From the perspective of the establishment of the security system,the construction of the perfect pre-hospital rescue system will effectively improve the success rate of rescue.Also,social care covers altruistic rescue,to resolve the personal risk in rescue assistance,in order to achieve the equality of rights and obligations.From the situation of our country,the concept of "benevolence" has a significant impact onthe ancient social legal practice.The spirit of "benevolence" is not only embodied in the mutual affection between the blood group,but also reflected in the reciprocity surmounted the blood group.The conception of "the match between one person and the other" is compatible with the idea of altruistic rescue.Although the idea of "benevolence" has great influence for the Chinese legal system,by the economic form of ancient society,social institutions and highly centralized political system,the criminal law lies in a special position in the ancient law.The legal norms of altruistic assistance are mainly regulated by criminal law.The moral education under the thought of "benevolence" can not replace the function of punishment.The present China,along with the economic development,has entered a period of social transformation.The great change of the social material level has brought the deep collision of people's ideology,culture and values.People are always used to measure the problem from self-interest.But the individual who lives in the group should realize the transcendence of the utilitarian value,and actively participating in and serving our society.Therefore,the legislation of altruistic rescue should reflect and express our moral values correctly.However,the legal norms of failing to rescue is lacking.In comparison with the civil liability,criminal liability is more suitable for altruistic rescue.Further,the use of restorative responsibility can make up for the shortcomings of traditional criminal responsibility.