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A Thought On Responsibility Disputes Caused By Those Who Are "on Ready To Help Others For A Just Cause" Through Civil Law

Posted on:2013-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y PengFull Text:PDF
GTID:2246330395988332Subject:Law
Abstract/Summary:PDF Full Text Request
“Being ready to help others for a just cause” is a traditional virtue of Chinese, andpeople who act this are always praised as heroes. However, in recently years, many peoplewho have helped others for a just cause are in trouble. They loss a great even their health andlives, furthermore, no one could pay for it except themselves. People who are indifferent togiving a help stimulate the public’s nerve. More and more disputes caused by “Being readyto help others for a just cause” occur. The court should be prudent while dealing this kind ofissues, otherwise it may misdirect that the trial is unfair.Not willing to helping others is a complicated social problem. The law is confined tosolve it. Main purposes of this paper are to utilize the law to regulate “Being ready to helpothers for a just cause” sufficiently, compensate the damage to remedy just, guide the publicproperly.With case analysis method,history analysis method and comparative method, beginningwith analyzing a real case, by expounding theories of “Being ready to help others for a justcause”, this paper has a study of the case. Then expand the conclusion to cases of the samekind in judicial practice. Finally, the thesis put forward some legislation suggestions bycomparing relevant law in many countries and area in different times.Except the introduction and conclusion, this thesis is composed of five chapters:Chapter one introduces specific cases, including cause of action, details of case, focus ofcase.Chapter two introduces the controversy and bifurcation of the case. Bifurcation of thiscase including two part: the behavior of the victim form “Being ready to help others for a justcause” or not and the quality of the compensation liability.Chapter three is theories of “Being ready to help others for a just cause”. Including itsconcept、its quality and characteristics. Then draw a conclusion, that “Being ready to helpothers for a just cause “is a kind of Negotiorum gestio.Chapter four analyses the bifurcations and result of the thesis. First, analyze thecontroversy by law, combine with theories of the third part, and lodge a different verdict. Thiscase should be applied to Negotiorum gestio.Chapter five is about legislative proposals. The main part described from three aspects, the general situation of legislation both of domestic and overseas. Then point out the flawsand make some specific suggestions.
Keywords/Search Tags:Being ready to help others for a just cause, thinking through Civil law, Negotiorum gestio, Lawmaking improvement
PDF Full Text Request
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