On Uniform Legislation For The Acts Of Taking Up The Cudgels For A Just Cause In China

Taking up the cudgels for a just cause act, taking pleasure in helping people and promoting the justice have been encouraged by the law and morality. However, the frequent happening of neglecting those who are dying or in emergency is just going completely against with it. Although some certain regulations in the criminal law, the civil law and the administrative law (including local legislation) reduce the risk in dong boldly what is righteous and protect the legal rights who acts it in some extent, yet it is difficult for the current legal system to function as a means to protect those people who does taking up the cudgels for a just cause act as expected for the imperfections in classes, authorities, powers and some other aspects. Therefore, to establish a national law on taking up the cudgels for a just cause acts seems to be very important and logical. The national legislative organization have definitely confirmed that the taking up the cudgels for a just cause act is Chinese traditional virtue, which deserves awards and protections. The author believes that it is essential to establish a national law technically for taking up the cudgels for a just cause acts. This article aims to analyze the bugs in the current legal regulations on taking up the cudgels for a just cause acts through the study in pattern choosing, value renewing, acting confirming, law adjusting, rights ensuring and regulation perfecting in it, accounting for its necessity and feasibility. Some suggestions and viewpoints will also be provided in this article, which point at the present problems to be solved in the unified legislation, aiming at better protecting the legal rights of the people who act taking up the cudgels for a just cause acts, promoting the taking up the cudgels for a just cause acts, and offering references for establishing and perfecting of local regulations on this. What's more, the author wants to push forward the national progress of the establishment of the law on taking up the cudgels for a just cause acts.This article consists of six parts. In the first part, some current situation of local legislation of taking up the cudgels for a just cause acts will be analyzed, such as the low class, the unbalance in development, the inconiprehensive content. And the feasibility of the national unified legislation as well as the new choice of mode selecting, the step-by-step mode, will be raised in this part, which is to make an executive regulation to ensure the legal right of taking up the cudgels for a just cause actors to solve the lack of practical national legislation first and then to make it a law after perfecting through the NPC.The second part aims at pointing out the current misunderstanding in legislation and tendency in value about the taking up the cudgels for a just cause acts. The value has been renewed through the analysis of the value in legislation, making the spirit of people foremost, humanistic care and right ensuring a promotion and guarantee in the content of the necessity of taking up the cudgels for a just cause acts in the principles and regulations. Meanwhile, the humanity standard of taking up the cudgels for a just cause act in legislation should not be too much superior, nor make it a civil obligation. In the third part, the differences of cognizance standard together with the characteristics will be analyzed from the definition of taking up the cudgels for a just cause act and the boundary of current law given by theoretical group.Then an explicit definition and a standard of behavior confirming will come out. The author's personal view will be given in the definition and the four qualifications in confirming the taking up the cudgels for a just cause acts.The author will also confirm the administration and concrete process of behavior confirmation. The fourth part is mainly about the practical situation without a national unified legislation of taking up the cudgels for a just cause acts and the analysis of the adjust and guarantee in current laws (criminal law, civil law, administrative law, labor law, social security law etc.), showing the incoherency in the links of legislations. A new method will be given that the solution to all the problems in relations between departmental laws must lie in the respect of the legislation-unifying maintenance and the unified legislation is the only way to deal with the problem.In the fifth part, the author will point out that the awards and guarantee of those who committing taking up the cudgels for a just cause acts should show the sufficiency and equality through the analysis of the unbalance in right-ensuring system among them. At the same time, some concrete advice will be given on the perfecting of the right-ensuring system in aspects of executive offset, executive award, follow-up guarantee and executive protection.In the last part, the necessity of the existence of these regulations will be discussed in the deficiency of the regulations on executive guidance, responsibility investigation, and the collection, management and use of foundation. Some detailed measures will be put forward in establishing and perfecting these regulations through analyzing the necessity of them.