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The Research Of The System Of Administrative Compensation Of The Acts Of Good Samaritan

Posted on:2009-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:K WangFull Text:PDF
GTID:2166360242487516Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The acts of Good Samaritan are traditional virtue of Chinese nation, howevertoday, there are many embarrassed situation that these heroes sink into the distressbecause of there acts of Good Samaritan. The purpose of the article is to provide themsome guarantees to make them more happily. I hope that when the heroes can'treceive justice compensation, the government can compensate their loss because oftheir acts.The article is divided into four parts. The preface part mainly introduces somecases to describe the heroes'distress in order to put forward the point of the articlethat we should build up the system of administrative compensation of the acts ofGood Samaritan.The chapter 1 is about the necessity and the possibility of the system. The GoodSamaritan hasn't the duty to help the country or the other people. On a certain degree,they help the government carry out the public management; we call it GestioNegotiorum of public law and make it the basis of the system. It is not justice whenthe Good Samaritan sinks into the distress because of the acts, so we should ask thegovernment undertake the responsibility to help the Good Samaritan. Moreover ourcountry has the capability to afford the duty.The purpose of the chapter 2 is to analyze the shortages of the existing system.The shortages include the low rank of the legislation, the disunity of the provisions and the low guarantee. Our country has not a unify law about the compensation of theGood Samaritan, which is the basic reason of the distress of the Good Samaritan. Sowe should draw up a law which can be applied in the whole coutry.On the basic of the chapter 1 and 2, the chapter 3 is about the concrete provisionsof the system.
Keywords/Search Tags:The acts of Good Samaritan, A dministration compensation, Gestio Negotiorum of public law
PDF Full Text Request
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