The Legal Relief And The Safeguard To Voluntary Behaviors Against Criminates

Nowadays heroic deeds of society brave in fighting against a scoundrel andrelieving the victims of a disaster rushing to deal with an emergency is continuingwithout end. Improving the law to protect the legitimate rights and interests of theVoluntary behaviors against criminates is to encourage people to practice the onlyway that to act noble, and is building a socialist harmonious society that should havemeaning. Acting bravely for a just cause has three kind of legal attributes: negotiorumgestio, the justifiable defense or taking refuge from danger, the administrativeassistance.Accurate understanding of the legal attributes of Voluntary behaviorsagainst criminates is the foundation of carring on the legal relief and the safeguard toVoluntary behaviors against criminates. When a person has the harm because ofVoluntary behavior against criminates, he or she may adopt the following ways toseek the relief: First ,exercises the request power of harm compensate to the illegalviolator, and illegal violator undertakes the liability of compensation; Secondly, whenhas not the illegal violator, or the illegal violator not to be able to bring to justice or inthe incapable compensation situation, the beneficiary from acting bravely for a justcause gives the compensation; Finally, when the two current responsibilities have notbeen able to make up the total loss of Voluntary behaviors against criminates,Voluntary behaviors against criminates may exercise the administrative compensationpower to the country.According to our country society and the legislative presentsituation, our country related present legislation should be consummated in thefollowing several aspects. First, the 109th article of "General provisions of Civil Law",and the 142th article of Certain Question Opinions "about Carrying out the Generalprovisions of the Civil Law of the People's Republic of China" be amended ;secondlyprofit from the local legislation experience, speed up nationwide legislation onVoluntary behaviors against criminates.