The Research On The Local Legislation Of The Acts Of Good Samaritan In China

The Acts of Good Samaritan is an active and positive behavior which include the acts of rescuing difficulty, struggling against the criminals and rescuing relief. Disregardless personal safety, the people who behave righteously did the conduct, without legal or contractual obligations, just in order to avoid or reduce the property damage of state, collective and other people, and the personal safty interests of other citizens The Acts of Good Samaritan have the natures of no responsibility, no obligation, altruism.urgency, multifacet. The Acts of Good Samaritan not only include the acts of rescuing difficuty, struggling against criminals but also include the acts of rescuing relief.At present, China has not a special law or administrative regulations to adjust the Acts of Good Samaritan. The relevant laws that adjust the Acts of Good Samaritan scatter in our civil law, tort law, criminal law and social security law. By contrast, local legislation is more courageous and active. From 1991 to 2010,28 provinces, autonomous regions and municipalities in China have issued a total of 60 local laws, government regulations of the Acts of Good Samaritan, of which the 16 laws, rules and regulations have been amended or repealed, only 44 local laws, government regulations in force todayThe content of local legislation of the Acts of Good Samaritan involved in a number of department law, such as Gestio in civil law, the tortious liability in tort, self-defense issues in criminal law, work injury and medical insurance in labor law and social security law. But the main content of local legislative of the Acts of Good Samaritan includes those that are to declare and identify the Acts of Good Samaritan, to reward and guarantee the the people who behave rihteously and the fund of the Acts of Good Samaritan, most of which involve the administrative functions and powers, the administrative legal relationship administrative authority, that is, the rights and obligations relationship between the executive authority and the people who behave righteously.The rules for identifying, rewarding and guaranteeing the people who behave righteously just is the specific adminisrative act of administrative affirmation and administrative awards in the adminisrative law. In this regard the Acts of Good Sanaritan is part of administrative departments. In the other hand, in the process of the Acts of Good Samaritan probably the people who behave righteously suffered losses with the infrigement of infringer's tort. On this occassion the inflictor should be resbonsible for the tort liability for damages according to the tort liability law.The people who were saved should gave propriate compensation to the people who behave ringteously according to the princinple of justice in civil law. So in this case the Acts of Good Samaritan is the acts of preventing infringement, which belong to the civil law department. Therefore the Acts of Good Samaritan have the civil and administrative nature, which should be given a comprihensive analysis from the two aspects.The main content of the Acts of Good Samaritan include those that are declaration, identificatin, rewarding and guaranteeing the people who behave righteously.However,It is different to identify the Acts of Good Samaritan, reward and guarantee the people who behave righteously in different regions because the economic development is not balanced. Furthermore even some provisions are not reasonable, and it is open to question and discussion. This situation often makes it difficult to guarantee the legal rights of the people who behave righteously. In the view of this, it is necessary to perfect the existing law of the Acts of Good Samaritan, revise the relevant content and strive to guarantee the rights of the people who behave righteously in the greatest degree. These legislative achievements, to some extent, will protect the legitimate rights and interests of the people who behave righteously, inspire the enthusiasm of the majority of citizens to behave rightly and promote social harmony, social justice and the socialist spiritual civilization.