A Study On The Protection Of Rights And Interests Of The Righteous Personnel

As one of China’s traditional moral virtues, being ready to help others for a cause has beenactively practiced in public of our country. The heroes voluntarily help to save the lives andinterests of the state, the collective and the others at the expense of their own safety and interests,but the sad thing is that they not only lose their lives and property, but also can not get rewardedpay and compensation, this can be described as a heavy price and tragic ending. The typicalrepresentative is Fang Junming who is one of Samaritan characters of2013CCTV "Touching theHeart of China". The main reasons for not gaining proper treatment of the heroes are that therelevant legislation is not complete and there is a big defect of the claim for compensationmechanism after the events. The consequences are very serious, that a lot of heroes deserve unfairtreatment leads the public who see someone need help did not dare to reach out for helping. I writethis thesis attentively just to make courageous heroes to be treated fairly. This paper starts withanalyzing the definition and elements of being ready to help others for a cause, therefore to make acomparison with negotiorum gestio and act of rescue to get its legal attribute. Then it introducesthe act’s history, and comes to the conclusion that our country has its record in early Spring andAutumn Period and continues to record it ever since. In this paper, the author uses analyzes andcontrast methods, by using the local laws and regulations and America’s Good Samaritan law andother related legislation for references, we can see that our country lacks related legislation andpropose advice to expect big improvements of legislation. Personally I think that we are mainlyengaged in both the pre-and post-legislative protection and social compensation to improve thecourageous heroes’ rights protection. The level of China’s current relevant is quite low, and therange of legislative content is narrow and the legislation is also not the uniform; besidescompensation system afterwards has imperfections and the implementation of the effect isunsatisfactory.The author’s innovations are to obtain the legal nature of good Samaritans, and recommendthe establishment of a unified law and the specific provisions of legislative content and designrecommendations of the compensation system, just hope to be able to present our courageous staffinterests and improve the status quo, so let the heroes have no worries. Finally it can encouragemore social persons reasonably act heroic acts, and ultimately promote social justice and the highmoral.Our country has been actively building a harmonious society, and courageous behavior isconducive to social stability, promotes social justice and improves national unity, so harmonioussociety needs courageous behavior. So we should try to make more people involved rationally, and jointly create a better society.