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The Law Of Distress Relief Obligation Without Harmless To Oneself In China

Posted on:2013-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuFull Text:PDF
GTID:2246330392950429Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China now is in a period of transition and many issues becomeprominent. Events of failing to rescue and leaving a being to die occurredfrequently. The thesis attempts to make the comparative analysis betweendistress relief obligations without harmless to oneself at the legal leveland moral heroic and related legal concept from “Little Yue Yue” event.It is definite that the concept of distress relief obligations withoutharmless to oneself means that people having nothing to do with victim’slife safety and healthy and for whom there is no obligation in legal oragreement and ought to implement relief obligations actively to help theone in danger.Distress relief obligations without harmless to oneself are minimalmoral obligations. It is internal need for the legalization of human rightsprotection and maintaining stability and social order. It is in line withbasic idea of legal science. And it needs fully foundation of economy,history, values and theoretical research. Based on Good Samaritan Lawfrom America and France, it is considered that the regulation of distressrelief obligations without harmless to oneself should choose private lawregulation according to our national conditions. And the theory of infringement of nonperformance legal obligation now popular is strongsupport to establish its position in tort law. In the structure of specificsystem of distress relief obligations without harmless to oneself, it shouldbe formulated based on subject, object and action. Also rational people’sstandard on principle violating obligations should be established.Definitely, it cannot be ignored to confirm that people rescue have theright to enjoy damages from victim or infringer in order to eliminate thephenomenon that heroes shed and weep existing in our real lives.
Keywords/Search Tags:Distress relief obligations without harmless to oneself, Heroic, Nonperformance, Legal obligation
PDF Full Text Request
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