Samaritan Rights Protection Study

Samaritan is the embodiment of spiritual civilization of human society, has been highly praised and appreciated Beishou ethics. We emphasize the same time courageous and moral values, but Samaritan who ignored the aftermath of protection, resulting in a large number of heroic bloodshed has tears tragedies. This shows that we just carried on the Samaritan who praised the moral is not enough, more attention should be paid to the Samaritan's rehabilitation protection. For this reason, the paper points from the Samaritan's basic definition, the legal property, the status of legal relief, foreign "Samaritan Law" on China's use of and improve our existing system of legal remedies Samaritan the five aspects of the proposal for discussion, hoping to promote our country Problems on the Samaritan.This paper is composed of seven parts. Among them, the first part is the introduction, the second part to the sixth part of the content is text, Part VII is the conclusion. Full-text of about 41,000 words, the main contents are summarized below:Introduction to the form of case questions:Today's society due to lack of a corresponding Samaritan protection mechanism, causing a large number of heroic bloodshed and tears another tragedy. Therefore, this article tries to do something courageous and related legislation necessary to investigate, look forward to the national security legislation has been the promotion of Samaritan.The text is divided into five sections:The first part is the Samaritan's basic definition. This section is divided into four points:the first point is more courageous and comprehensive definition in the dictionary and the definition of local legislation, put forward this view, the conclusion that this article defines the legal concept of Samaritan; The second point is divided from the subject, object, subjective factors and objective factors Samaritan law established a four-element to be defined; The third point is the contrast with the courageous and self-defense, necessity, not because such behavior management, and helping others a comparative analysis of similarities and differences to distinguish the difference between the two parts; Finally, discussion is Samaritan's basic types, according to different categories Samaritan to seek relief scope is different.The second part is the Samaritan's legal property. This section is divided into two points:first, the main point is introduced to define the current domestic Samaritan on the legal nature of self-defense, necessity, to prevent violations, administrative assistance, not because of management and other theories, and comparative analysis of these theories, made this point; second is to propose this to the Samaritan the definition of the legal nature, not by comparing the final conclusion for management-Samaritan is both public and private in nature not because of management.The third part is the status of our legal remedies Samaritan. This section is divided into two points:First, mainly from the civil law, labor law and social security law and other normative documents in some places three aspects to expand Samaritan who introduced the current domestic legal remedies on the relevant provisions; second is for Current provisions, this paper proposed that the legal remedy Samaritan defects:such as lack of uniformity Samaritan definition, lack of Samaritan's equal protection, civil protection legislation on the Samaritan who lack the intensity, the local regulatory documents of the Samaritan of the relevant provisions of the limitations, the state obligation to compensate the lack of status caused by unsatisfactory and so courageous and who Relief and Rehabilitation.Fourth part is the foreign "Samaritan Law" Implications for China. This section is divided into three points:First is the introduction of foreign "Samaritan Law" profile; second content is to introduce two legal provisions of the "Samaritan Law" content; third element are useful for "Samaritan Law" content, evacuation assistance should be made in China, immunity, and damage compensation were carried out in terms of Samaritan legislation.Fifth part is to improve our current system of legal remedies Samaritan proposal. This section is divided into two points:first is the Samaritan who proposed the establishment of relations between the legal relief, specifically including the establishment of Samaritan's compensation claim and its contents, and the principle of legal relief. The second point is the framework of the proposed legislation and the two-pronged approach to macro some suggestions, hoping to promote the development of a unified theory of legislation.Conclusion, the paper argued that states are the beneficiaries of conduct Samaritan, Samaritan who should clearly state the status of compensation for the principal obligation. The form of specific provisions of state law to pay taxes to the Foundation Fund by way of compensation to the Samaritan who fulfill the obligation. Meanwhile, in order to effectively solve the Samaritan who guarantees the existence of legal remedies related to many problems, the paper considers it necessary to introduce a national unity "Samaritan acts of protection and recognition of Law", effective protection of Samaritan who had lost up, have some residual Germany has Akira.