Study On Protecting Legitimate Interest Of Samaritan

Since thousands of years, the behaviors such as Samaritan and voluntarily help others have always been recognized as the noble behavior, which have always been respected and appreciated. However, the moral appreciation for the Samaritan is nowhere near enough, so we should pay attention to the legal protection of the legitimate interests of them. Starting from Chinese scholars' exploration in Civil Law, Criminal Law and Administrative Law, the first part in this paper proposes several definite legal liabilities for the behavior of Samaritan, so as to establish a separate "Law on Protecting Legitimate Interests of Samaritan in People's Republic of China", to further protect their legitimate interests and promote the social harmony.The second part in this paper discusses the basic theories of Samaritan, and introduces some basic information on relative legal relations of this behavior. Beginning from the concept analysis, and combining the origin with different understanding to the definition of this concept in local regulations, this paper puts forward a comprehensive concept of this behavior; and rational analysis is conducted on the legal nature of Samaritan to further understand this behavior; the analysis on the legal nature of this behavior is conducted, and comparison between this behavior and voluntary service is conducted. From this we can get that although Samaritan features the characteristics of voluntary service, it is totally inappropriate to control this behavior by voluntary service system, so this behavior can be certified as an act of help and protection. Taking whether the subject of this behavior in legal relations is clear as the standard, Samaritan can be divided into the types such as with specific beneficiaries, without specific beneficiaries, with specific infringers and without specific infringers (including natural disasters). At last, it analyzes the right of claim in terms of compensation for damage, compensation for loss and damage and administrative protection.The third part analyzes and illustrates the current status of legal remedies to Samaritans both at home and abroad. First, it introduces the domestic legal security of Samaritan from the Civil Law, Law of Labor, Social Security Act and other normative documents, pointing out the limits of the legitimate interest protection for these people, and strengthening the compensation obligatory loss of the country as the final beneficiary to this behavior. Second, it basically illustrates the behavior of "Samaritan" in other countries, suggesting that China should formulate laws on obligation exemption and compensation for damage to Samaritan.The fourth part conducts preliminary exploration on the damaged legal liability of other Samaritan, subrogation compensation and complete compensation for Samaritan, legal liability of slandering the Samaritans and the legal liability of "to see what is right and not to do it". It maintains that Samaritans who suffer from damages can get the limited right of immunity according to French Civil Code. When the Samaritans cannot get actual compensation from the damages, the country shoulders the responsibilities of subrogation compensation and complete compensation. To those who slander the people who voluntarily help others may be arbitrated or prosecuted for their criminal liabilities in line with their social influences and the seriousness of the case. The situation of "to see what is right and not to do it" may be treated differently according to the situation and the helped subjects.The fifth part conceives preliminarily about the legislative framework of Samaritan in terms of the general rules, confirmation of this behavior, protection and awards to the legitimate rights for Samaritans, legal liabilities and supplementary provisions, hoping to provide assistance to the legislation in this respect.In conclusion, this paper suggests that the dominant position of the country in compensation liability should be determined by law. Moreover, for many disadvantages of the relative legal remedies in China, it is in great need to establish a unified "Law on Protecting Legitimate Interests of Samaritan in People's Republic of China", so as to achieve the final goals of the disadvantages can be compensated, the damaged can be depended on, and the moralities can be awarded.