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

Several millenniums come, to punish the wicked raise friendly, behave righteously were all considered is human society's noble magnanimous act, also is our Chinese nation's traditional moral excellence, is one kind of heroic magnificent feat which our party and the country initiates vigorously, continuously doubles the people is generally appreciated. But the recent years occurred all sorts of events actually let behave righteously into an extremely serious social topic. This article from the basic concept which behaves righteously obtains, then has analyzed its legal nature, the relief method, establishes by the time in our country "Behaving righteously Rights and interests Protection method", both can achieve the protection behaving righteously goal, and can maintain the entire social the stability, finally realizes the establishment harmonious society's lofty ideal.The article first part is to behave righteously the behavior limits; this is to behave righteously the behavior most foundational in production. First is obtains from the analysis concept angle, stood our country "behaves righteously" the concept origin, the ancient Judea law medium with to our country "behaving righteously" "good scatters the advantage Malaya" the connotation, our country at present in the legal laws and regulations to "behaves righteously" the definition of a concept as well as the domestic academic circles to in the different understanding which behaves righteously, reorganized a quite comprehensive concept; Next is to behaves righteously the behavior constitution important document and the characteristic carries on the rational analysis, behaves righteously the behavior by a time more perfect understanding; Finally is its two kinds basically has the shape, namely has violates the person and has not violated person's time. These three aspects content constituted "has behaved righteously" a behavior bare bone, also prepared for the afterwards nature analysis.The second part is to behave righteously the behavior legal nature analysis. The present academic circles has four kinds about to behave righteously the behavior nature theory, namely does not have because manages said, the contract said, the fair responsibility mediates the justifiable defense, is urgent said. The author adopted proposed analyzed a mentality, after has refuted other three kinds, obtained behaves righteously the behavior to have the attribute which whether there is because managed. But it and incompletely equates Yu Wu yin to manage, they both have in the legal nature, the constitution important document common ground, but simultaneously also has the behavior way and so on the various aspects the different spot, therefore only uses not to have because the control system to come the rules and regulations to behave righteously the behavior is incompletely appropriate, must seek the management way which suitably behaves righteously.The third part proposes is to behave righteously the behavior legal relief. First was clear about to has behaved righteously carries on the relief the vital significance, it not only was the civil law fair principle request, also was the real life need. Then combed has behaved righteously in the behavior three big civil legal relationships main body: Rescues the person (behaving righteously), violates the person and the beneficiary, as well as they mutually between right duty relations. But because between these three big main bodies relief often cannot achieve the best effect, therefore behaves righteously the behavior biggest one - country also to participation, and with foundation's form, makes the most formidable backing support for this kind of relief.The fourth part is this article key point is at. Although our country current about behaves righteously the legislation type quite are many, from the constitution, the Standing Committee of the National People's Congress issues the administrative standard document which the decision, the State Council issued to various places formulation local laws and regulations and the rule, all manifested to has behaved righteously the behavior safeguard, but these safeguards actually had insufficiently perfectly, the insufficient science, each place imbalanced even includes behaves righteously the foundation to manage and so on bad many questions. The situation is in a dilemma which facing this kind, the author after referred to the mainland legal system, the English America legal system country legislation present situation proposed own viewpoint: The expectation sets up is similar to "Consumer Rights and interests Protection method" "Behaving righteously Rights and interests Protection method" in the nation, first this kind of unification is extremely essential, next it also is practical feasible, so long as can have in the legislation the guarantee, and completes the reasonable frame design as well as the strict necessary measure, the author believed can realize in the greatest degree to the behaving righteously protection.Has been in power since anew a generation of leader Secretary HuJintao, always appealed the establishment harmonious society, the harmonious society is must realize everybody to enjoy a good and prosperous life, the social long-term peace and good government excellent aspect, therefore to behaves righteously this kind of kind of Yu Ren, Yu Ji, to the society, all greatly has the benefit to the country the behavior, we should raise to its comprehensive thorough protection the agenda, this is we realizes the harmonious society's main melody, also is we realizes the entire nationality formidable and the prosperous driving force.