Samaritan: Reflection And Reconstruction Of The Administrative Law

The spirit of Good Samaritan is the traditional morality of our Chinese people, and meanwhile the act of Good Samaritan is the noble behavior which benefits the entire society. However, the Good Samaritan faces many difficulties nowadays, whose right and interest are far from being protected fully. At present, Civil Law, Criminal Law and Labor Law all have the related system which adjust Good Samaritan in our country's legal framework, but they all have various flaws, which causes Good Samaritan difficulty to seek the comprehensive relief way in the law. In order to solve this problem and construct the comprehensive safeguarding legal framework, we need analyze the legislation of our country on the view of Administrative Law.This paper is divided into five chapters to carry on the discussion.The first chapter is the introduction. This chapter discusses the value in theory and the influence in practice of the question that why and how Administrative Law can adjust the act of Good Samaritan on the base of the analysis of the difficulty that the Good Samaritan faces in practice.The second chapter is the outline of the act of Good Samaritan. This chapter deficits the concept and characters of the act of Good Samaritan in legal usage, carrying on the comprehensive analysis from the subject, the object, the subjective aspect and the objective aspect of Good Samaritan, meanwhile discussing the significance and the value of the act of Good Samaritan from the spiritual and the material aspects.The third chapter is the necessity of Administrative Law to adjust the act of Good Samaritan. This chapter discusses the insufficiencies of other laws adjusting the act of Good Samaritan except the Administrative Law and analyzed the superiority of Administrative Law and proposed to take the Administrative Law as the leadership, other department laws as coordinated through appraising Civil Law, Criminal Law, Labor Law, Social Protection Law and Administrative Law.The fourth chapter is the present situation of Administrative Law adjusting the act of Good Samaritan. This chapter firstly introduces the provincial legislation of Good Samaritan and analyzes the concrete content of the provincial legislation from the general rules and the sub provision. On one hand, the general rules discusse in detail legislation goal, the legal principle, the legislation potency, the legislation basis of the provincial legislation; on the other hand, the sun provision analyzes thoroughly the confirmation, safeguard, award, correlation legal liability of Good Samaritan. Based on this, this chapter has emphasized on the problem of legal system, which has an important upholstery function for legislation re-constructing.The fifth chapter is re-construction of Administrative Law in order to adjust tha act of Good Samaritan. This chapter is the foothold of this paper, also the achievement of the author's research. The primary coverage embarks from presentations of China, studying the advanced system of correlated legislation in foreign countries and has the experience of the provincial legislation; the author tries to re-construct the concrete action of legislation of the act of Good Samaritan based on the comprehensive and systemic analysis of the nationwide administrative legislation.