Distress Rescuer Legal Relief System Study

In order to provide the rescuer not only moral evaluation and praise but also legal remedies, the author prefers to employ the standardized legal language - 'acts of jeopardy rescue' to replace the widely discussed 'being ready to help others for a just cause' in jurisprudential circle to defer from the 'being ready to help others for a just cause' in morality. Only in this way, can the legislation regulate and protect the acts of jeopardy rescue and provide the rescuer with more remedy approaches to protect his legal rights. The dissertation altogether divides into three parts besides the introduction:The 'acts of being ready to help others for a just cause' in morality and the 'acts of jeopardy rescue' in law are defined in part one. At the same time, the components of the acts of jeopardy rescue are analyzed as follows: legal rights are in urgent danger; there is no statutory or contractual obligation; the rescuers are subjectively altruistic; the rescuers are intentionally capable individuals; the acts of rescue are carried out legally.Part two introduces the current legal remedy system for the rescuer and its deficiency on recovering the rescuer's losses from the aspects of private law, public law and social law.Part three is mainly about the reconstruction of the legal remedy system for the rescuer from the aspects of private law, public law and social law. Based on its trespass preventing and negotiorum gestio, the rescuer can remedy his losses according to the civil law; and its executive assistance, he can claim state compensations and awards according to the administrative law; and the social law theories, he can obtain medical assistance and special care and placement according to the social law. But among all the three approaches, the rescuer must claim the remedy in private law first, and then the medical assistance and preferential treatment for the disabled, and the state compensations and awards at last. State compensations are the last ultimate remedy for the rescuer.