Onlookers Aid Obligations Research

Being in a transitional period, social risks are growing intensity, and the contradictions are becoming increasingly complicated. Bystander apathy has become the greatest problem in our society. For encouraging the Good Samaritan’s act, Chinese government has enacted relative laws and rules. From1991to2010, forty-two provinces and cities in China have formulated local regulations on rewarding and protecting of the persons taking courageous acts for a just cause. Meanwhile the article109of general principles of the civil law and the article23of the tort liability law provide a law basis for compensating rescuers. Although our present legislation have gotten some effects for encouraging the Good Samaritan’s act, current social problems of the absence of ethic can not be solved well because of many legislative and juridical deficiencies. Therefore, the thesis tries to find a new legal path to solve the problem through the bystander’s duty to rescue legalization. The bystander’s duty to rescue is analyzed theoretically and practically in civil realm. This thesis explains the system of the bystander’s duty to rescue from three parts.The first part proves the validity of the bystander’s duty to rescue legalization. It explains value origin of protecting value of life and value orientation of maintaining basic social order and safeguarding public interest. The system conforms to the reasonable limit of moral legalization. The value origin of the bystander’s duty to rescue demonstrates the validity of restriction on freedom. The value orientation of the bystander’s duty to rescue agrees with the principle of public order and good social customs in civil law. Therefore, they can prove the validity of the bystander’s duty to rescue legalization. It also explains the necessity and the probability of the bystander’s duty to rescue legalization combining with the internal special situation.The second part reconsiders our present legislative and juridical deficiencies, discusses legal path of establishing the bystander’s duty to rescue among main countries. It is a comparison and study of many problems which are path selection of establishing the bystander’s duty to rescue, dangerous dimension, definition of latent rescuers, the standard setting of human nature of rescuer, measures to rescue and responsibility exemption of rescuer, so as to derive some illuminations on the establishing system of the bystander’s duty to rescue.The third part tries to establish the system of the bystander’s duty to rescue in China. Firstly, it gives the definition of the bystander’s duty to rescue, and distinguishes between the bystander’s duty to rescue system, the voluntary service system and the taking courageous acts for a just cause system. Because the bystander’s duty to rescue system is different to two others, it can be an independent system of civil law. Secondly, it comes up with five components of the bystander’s duty to rescue, and analyzes the every component of it. Further more, it discusses the legal force of the bystander’s duty to rescue. And three steps are proposed. Finally, it gives some design suggestions on how to establish the bystander’s duty to rescue system.