A Study On The Legal Protection

Doing boldly what is righteous is a traditional virtue for Chinese nation. Good Samaritan’s behavior is an act of administrative assistance. On one hand, it maintains the legitimate rights and interests of the state, the collective and others; on the other hand, it maintains the public order and the public safety. Nowadays, our country has no national unity legislation about the regime of law of the protection of the Good Samaritan. Only provinces and cities have published special rules and regulations about the protection of the Good Samaritan. Provinces and cities have different points of view on the identification of Good Samaritan, which is the target of the regime of law of the protection of the Good Samaritan. They also have different rules about the payment order of the treatment costs and the rehabilitation expenses which are caused by rescue action of the Good Samaritan’s behavior. In addition, the lack of rules of the responsibility of the civil service about the protection of the Good Samaritan is still an open question. These deficiencies have an negative effect on the timely and effective protection of the rights and interests of the Good Samaritan. So establishing a unity legal norm to protect the Good Samaritan is essential. Only in this way can we avoid the conflict of laws between different provinces, improve the feasibility of the protection measures, carry forward the noble character of the Good Samaritan.In the uniform legal norms, we should mainly established consequentialism standards of conduct, due consideration to the standards of conduct for behaviorism. We should coordinate the relationship between civil society and government. Let civil society effective supervision and regulation of government, at the same time, let government intervention and coordination of civil society. Furthermore, strengthening and improving the administrative accountability system, ensure the smooth implementation of the law.Finally, article designed specific laws and regulations to protect Good Samaritan. The specific measures to confirm Good Samaritan, national repayment as the leading to compensate for Good Samaritan, what’s more, in the administrative accountability system, we should clear the subject, object, scope, procedures and results.