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A Study On The Behavior Of "Being Ready To Help Others For A Just Cause" Through Civil Law

Posted on:2005-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z J CaiFull Text:PDF
GTID:2156360152970833Subject:Law
Abstract/Summary:PDF Full Text Request
"Being ready to help others for a just cause" is a traditional virtue of Chinese people. However, after helping others, people who have done that and their family members may experience many difficulties in term of mrdical care, employment, living, etc. Especially during these years, with people' s legal consciousness enhancing, there has been more and more entanglements among helpers and persons succored, many of which are even appealed to court which is asked to give helpers their corresponding risk compensating or material compensating. Therefore it is necessary to re-orientate the behavior of "being ready to help others for a just cause" in light of the law, so that the interests of people who helped others can be better protected.This article mainly examine the legal intension of the behavior , and further it clarify the character of the behavior in terms of its essence in civil law theory. At the same time, it argues that the law relieving for the behavior is consistent with the basic principles of civil law, and, adopting the theory of averaging public charge of administration's law science, it concludes that the ways of law relieving for people who helped others should include: people who helped others can exert the right of asking for compensation for the encroachment of right from infringers, the rights of asking for compensation for damage and asking for repaying necessary fee from beneficiaries, and the rightof asking for national administration compensating from the state.Currently our country rather lacks in the lawmaking concerning to the behavior of "being ready to help others for a just cause" , and regulations concerning to the behavior only operate at local level, which leads to the lack of unanimous lawmaking protection and support, and in practice causes many unjustness. In view of this, the article also offers some ideas that may be used to improve this behavior in our country so that the social function which is owned specially by law can be brought into play and the high character and spirit of "being ready to help others for a just cause" can be carried forward.
Keywords/Search Tags:"being ready to help others for a just cause", Voluntary service, law relieving, lawmaking improvement
PDF Full Text Request
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