Regulation Of Civil Law On The Ready To Help Others For A Just Cause Action

Poetical justice and ready to help others for a just cause action are always considered to be noble and righteous behavior of human beings, which is also the traditional virtues of our Chinese People. In the past, people usually evaluate it from the aspect of thinking and moral, but few come from a legal analysis and research. However, moral evaluation only gives spiritual affirmation and compliment to the Good Samaritan, can't solve their practical problem such as damage compensation, medical and subsistence security after disability, family comfort and compensation. This often results in the tragic ending---heroes'bloodshed also in tears. In recent years, cases caused by ready to help others for a just cause action gradually increased, but the lack of legislation brought lots of inconvenience for the judicial practice. At present, many provinces and cities passed the local law and rules aimed at reorganization, encouragement and protection of ready to help others for a just cause action in public law. However, these local law and rules are lack of oneness, which leads to much difference in practice and academic research. Therefore, the author believe that it is necessary to make deep study and analysis on the definition, legal nature, legal relation and right relieve of ready to help others for a just cause action in civil law in order to make up the defects of present legal system.This paper is divided into 3 chapters.The first chapter mainly explains the concept and nature of ready to help others for a just cause action from the view of civil law. At first, the author defines ready to help others for a just cause action in a broad sense, listed the general necessary factors which could constitute ready to help others for a just cause action. Then, the author defines the concept and nature of ready to help others for a just cause action from the view of civil law. The author states that regulation of civil law on ready to help others for a just cause action is a kind of legal aid for others, the practice of which is to protect the others'personal rights and interests as well as property rights and interests from danger without the limitation of law and duty. On the factors constituted ready to help others for a just cause action, the author sums up from the aspects of subject and object. First, behavioral agent is natural man who is no certain obligation, excluding the duty behavior and contractual behavior. Second, it should be correctness in the subjective aspect. Third, it practices the legal aid in the objective aspect. As long as there is the practice of aid, ready to help others for a just cause action will come to existence without considering the results. On nature, the author gradually eliminates the contract view, self-defense or urgent evasion view, to prevent aggressive behavior view and so on, and claims that ready to help others for a just cause action is a higher level abstract management, which is the special form of abstract management. The author makes a detailed analysis and comparison on the difference and similarity of the two concepts.The second chapter makes a deep research on the types, relations of rights and duties and the ways of legal redress of ready to help others for a just cause action from the civil law, combining with the analysis of concept, nature and constitution of ready to help others for a just cause action in the previous chapter. To consider whether there is violator or not, the author thinks that ready to help others for a just cause action could be divided into two basic types: one type is abstract management and another one is act of tort prevention. Different types will form different legal relationships. In the former type, it forms the single debt of abstract management. The person who is ready to help others for a just cause enjoys the right to ask the necessary rewards for the person who accept the aid. It should follow the principle of abstract management, in which the duty of the person who is ready to help others for a just cause is looser than the common abstract management. In the latter type, the legal relationship is more complicated. It includes the tort legal relationships between the infringed and the infringee, the abstract management relationship between person who accept the aid and the person who is ready to help others for a just cause and the tort legal relationship between the infringed and the person who is ready to help others for a just a cause. What we mainly discussed is the latter two legal relationship, which is focus on the right, duty and civil responsibility of the person who is ready to help others for a just a cause. The right enjoyed by the person who is ready to help others for a just cause should include the right to ask compensation for the infringed and the right to ask rewards for the beneficiary. Related to the right to ask for the compensation, the beneficiary enjoys the right for the infringed after giving rewards.In the aspect of fault cognizance and civil liability, the person who is ready to help others for a just cause should bear civil compensation responsibility out of Over-Defense and Inappropriate Emergency Avoiding Danger. From the point of social justice, the author suggests that it should reduce the civil liability of the person who is ready to help others for a just cause in order to embody the principle of fair liability between the person who is who is ready to help others for a just cause and beneficiary in the act of preventing trespass.The third chapter is about the deficiency and perfection of ready to help others for a just cause action in the scope of civil law adjustment. The author believes that the biggest existed deficiency is the lack of legal remedy for the people who do ready to help others for a just cause action. It embodies in the following two aspects: first, there is the biggest existed deficiency in the compensation system of the regulation of civil law on ready to help others for a just cause action, including the lack of oneness and justness in the practice of law, the ambiguity of the beneficial body, the deficiency of compensation standard and scope and the unreasonable provision on compensation which is according to the income of beneficiary; second, there is no certain prescription for rights of remuneration in the regulation of civil law on ready to help others for a just cause action. Secondly, the author states the relevant suggestions on the major problems in the regulation of civil law on ready to help others for a just cause action. The first one is to perfect the compensation system, enlarge the compensation scope, set up the new compensation standard by changing"the income of beneficiary"to"the losses of the person who is ready to help others for a just cause action". At the same time, it should be certain the standard of deciding the beneficiary in the the regulation of civil law on ready to help others for a just cause action. The second one is to establish the right of the person who is ready to help others for a just cause action. The author discusses the necessity of the provision on the right of reward and put forward some new ideas on exertion of request right for the emolument. At last, the author suggests the building of ready to help others for a just cause action fund for subrogation. The fund could compensate the losses of the person who is ready to help others for a just cause action at first, and then gets subrogation right. Finally the fund gets the subrogation according to the relevant legal rules. The author expects the establishment of the above legal system will bring the adjustment function of civil law into full play, so that it could protect the right of people and expand the noble character and spirit better.