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Legal Studies On Guarding The Public Morals With Civil Compensation

Posted on:2011-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:S M ZhangFull Text:PDF
GTID:2166330332466456Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Behaves righteously is Chinese nation's traditional moral excellence and the national spirit, deeply takes root deeply in the Chinese nation glorious bright history perpetual flow. The national spirit is a nationality livelihood and the development spiritual support. A nationality, dose not have inspired energetic and the noble moral character, not impossible to support oneself forest of in the world nationality. In constructs the Chinese characteristic socialism great enterprise in the advancement, further brings honor behaves righteously the spirit, has the special vital significance. Behaves righteously heroic and the illegal criminality and the disaster matter does precious life.However, after helping others, people who have done that and their family members may experience many difficulties in term of mordical 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.Based on documentation study, summarized research and comparison study and Other research methods, "Brave Act for a Just Cause,'are in-depth discussed in Following 4 areas:the legal relief the theoretical foundation and Practical significance for the brave individual, the nature of brave act, the relief and Protection channels, issues for improvement. At the same time, it argues that the law relieving for the behavior is consistent with the basic principles of civil law,, 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 so on.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 fuction 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.If behaves righteously can become one normal behavior, fair just can become our this society the rigid element, harmonious can cover naturally in ours periphery.
Keywords/Search Tags:Righteous behavior, Voluntary service, Civil remedies
PDF Full Text Request
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