Legal Relief Study Of Be Ready To Take Up The Cudgels For A Just Cause

"Be ready to take up the cudgels for a just cause" is refer to non-legal or non-contractual obligation. In order to avoid or reduce the state, the collective, and the property of others and the safety of the people interests are violated, losses caused by natural disasters or accidents, regardless of individual safety and danger, person take up the positive protective behavior in the crisis. At present, China has scarce legal protection on this behavior. More common it exists in the local legislation. It leads to the facts that relief and protection of the heroic individual are lack of cohesion and effectiveness. Therefore, it is necessary to clarify the theoretical issues related to the legal right repositioning so that to better protect the legitimate rights and interests for the brave individual.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 5 areas: the legal identification, 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 and building the existed legal system. The writer clarifies the dual attributes from violations on private law and administrative assistance on public law. In analysis the relations among courageous and violated persons, beneficiaries, the victims, and the legal relationship between states, the writer advocates to exercise the right of request compensation from the violated person, the rights of request compensation for damages and reimbursement from beneficiaries, and the right of request social administration compensation. The essay illustrates multiple relief channels from law of obligation, administrative and social security law to reach the all-round protection to the courageous person. And in the chapter end, the essay advances a new view for the refinement of existed legal system to establish an integrity legal relief system to the courageous persons.