On The Legal Evaluation Of Helping Others

In recent years, more and more cases of infringement of helpful actions appear in practice, but the applicable law of the trail and the conclusion of the referees are different. By analyzing several typical cases, this paper divides into five parts to analyze the helpful actions, the legal evaluation of the helpful actions and the tort liability of the actions.The first part is an introduction. Firstly, it throws out the question that this article attempts to discuss through the introduction of three judgments. Conflicts occurred between the requirement of the judgments in three cases asking the helpers to bear tort responsibility occurred because of helpful actions and the common traditional moral value judgments. Secondly, it addresses the key to settle the conflict by reasonable analysis and legal analysis of the three cases, that is, we must answer the question that how should the law evaluate the helpful actions. To answer this question, we should solve two problems:the nature of the helpful actions and the relationship between law and morality. Lastly, the introduction section also briefly introduces the significance of this study, research ideas and methods.The second part mainly analyzes the helpful actions. By way of conceptualization, it conceptualizes the helpful actions as "Mutual aid actions", that is, an action subjective well-intentioned, no obligation required helping others, and these are the three elements of mutual aid actions. It concludes that it's a social, helpful and moral action, and morality is its fundamental attribute. This moral act not only reflects our traditional moral culture, but also an important part of contemporary morality.The third part analyzes the legal evaluation of mutual aid actions from a philosophical point of view. There are both differences and commonalities between law and morality, and they transfer into each other by way of legal Dehua and moral legalization. However, we should re-select the relationship between law and morality due to the production of actual conflict, moral self-differentiation and the requirements of the rule of law. By a comprehensive analysis of rule of law in China and helpful actions, it draws the conclusion that mutual aid actions should be absorbed into the legal evaluation system, the moral values of mutual aid actions should be absorbed into the value of the law. That is to say the law should support, encourage and promote ethical behavior.The fourth part analyzes the legal assessment of mutual aid actions by the interpretation of law. The thesis selects some system or theory similar to mutual aid actions. The law about gestio can resolve some problem about the responsibility for damage of people who are helped. The law about Samaritan acts can resolve the problem about the responsibility for damage of mutual aid actors and others by mutual aid actions. The free of patronizing acts of kindness can make mutual actors exemption, and the gross negligence can be used as the subjective element of human tort liability of mutual aid actions. The law about workers actions is comprehensive about the responsibility for damage of mutual aid actors and others, but the damage of the people who are helped. The grant contract can only be used to grant actions. Through a summary of conclusions drawn above, we can find out despite the real law can be interpreted to be applicable, the imperfect law cannot fully demonstrate that law support and encourage mutual aid actions, and this makes legal evaluation system about mutual aid actions necessary.The fifth part mainly constructs the legal evaluation of mutual aid actions. First, it points out that clearing the principle of legal evaluation is the showing of support and encourage to mutual aid actions and the ideal of legal evaluation should be putting the morality involved in mutual aid actions into the legal evaluation. Then, it divides the system of legal evaluation into two parts, one is the direct legislation of mutual aid actions, the other is the establishment of tort liability system. The paper discussed the building of the tort liability system from five aspects:the limitation of the Responsibility Principle; the specificity of elements of liability; the narrowing of the scope of damages; the expansion of diminished responsibility defenses and the establishment of social relief system.Finally, the conclusion section provides a brief summary of the views and conclusions in this article.