Research On The Civil Duty Of Assistance

With the growing number of cases about neglecting, the civil duty of assistance hasalready attracted legal theorists and practitioners of great concern. Some scholars areeven calling for the criminal implementation of such acts.Practitioners also use theirbrains as much as possible to make cases to reach the unification of the legal and socialeffects. In other countries, such cases have also occurred, common law countries andcivil law countries have more in-depth study of theory on the duty of assistance,especially the theory of special relationship, causal theory and so on. On the meaning,foreign obligations for provisions in the legislation is relatively sound. The applicableconditions for the duty of assistance, content, responsibility and liability waiver and soare included in detail.On the face of the theory and judicial practice the status quo about the civil duty ofassistance in our nation, the paper makes some research on the theory and the legislationof two legal nations, and draws on some results of some reference, and gets somesuggestions. Firstly, some basic theoretical issues about the civil duty of assistance areintroduced, including the meaning of the civil duty of assistance, basic legitimacy of thecivil duty of assistance as well as the importance of its establishment, etc. in order topave the way discussed below. Secondly, the theories and legal in common law countriesand civil law countries are introduced, and draw on some reference results. Again, thepaper analyzes the status quo for our civil duty of assistance, mainly from the theoreticalstatus and the perspective of judicial practice. Finally, the paper proposes somesuggestions to improve our civil legislation, including the applicable conditions of thecivil duty of assistance, the content,breach of the duty of assistance and immunity andprotection issues of the rescuer. The legislative design is aiming to improve ourlegislation on the duty of assistance and makes these cases such as neglecting solvedwell.