On The Civil Law Regulation To Samaritan

Road see injustice,his help, courageous and benevolence is the fine tradition of theChinese nation. However, in recent years, the danger to save the event and the beneficiarycomplaint cases of courageous people often staged so that the continuous decay of thetraditional ethics, which is constructed out of tune with the rapid development of China’ssocio-economic and national advocate a harmonious society. Therefore, continuously pushforward the socialist legal system at the same time, re-build a harmonious socialist society themoral and ethical system requirements of the times is also very urgent. Samaritan is a finemoral traditions in the modern society under the rule of law has important legal attributes,specification courageous not only the protection of traditional morality, but also to maintainsocial stability and harmony, solidarity, improve the necessary measure of legalconstruction. Civil adjust the interpersonal relationship between the Basic Law, it isparticularly important in the context of this era, the courageous people of the Rules andRegulations. Start from the concept of courageous analysis Samaritan legal characteristics,classification, our current legislative practice courageous and heroic necessity and possibilityof legal norms, and try to build system system Samaritan laws and regulations of China on thebasis of existing research.The first part discusses the Samaritan concept, constitute the characteristics andclassification, this part describes the three elements: First, the analysis of the concept ofcourageous, pointed out that the courageous and the kernel of the etymological meaning of"righteousness" and "courage" of the relationship between proposed current on The doctrinecontroversy and courageous concept analysis comparisons I defined Samaritan, analyze itsrelationship with the related concepts; Second, the combination on the part of the introductionof the doctrine of their legal characteristics to be analyzed, indicating the courageous actors isa natural personrather than citizens, too much emphasis on the dangerousness of the person’sinappropriate; Third, the courageous conduct classification.The second part describes the current legislative practice Samaritan, including therelevant provisions of the laws and regulations, judicial interpretations, and local laws andgovernment regulations, and to be summarized and generalized.The third part analyzes the necessity and possibility of the current regulatory system of the courageous people. Article pointed out that the clear-cut: First, China wants to revivetraditional ethics, to promote social solidarity, courageous and effective legal protection isimperative, and the existing provisions of the absence of the legitimate rights and interests ofthe protection of courageous people and the resultingcourageous dilemma is very necessary tothe courageous people of the Rules and Regulations; Second, our courageous and dedicatedlegislative time has gradually matured, including the relevant provisions of the laws andregulations, departmental rules and regulations, local laws and government regulations of theformation oflegislative experience, the deepening of the theoretical research of academia rightcourageous legal issues and the strong support of the society.On the basis of the original theory, the fourth part of Samaritan regulation is a relativelycomplete system of system of laws and regulations of China, including: one courageous legalrelationship between the parties rights and obligations defined, including the infringement ofthe obligation, the courageous people of obligations as well as the obligations of thebeneficiary; two, courageous in debt, including the nature and kind of courageous legalrelationship born of debt; Samaritan claim mechanism, which described the claimant’s guidingideology, the classification of claims methods and foundations compensatory system isenvisaged.