The Protect Of Hero’s Rights In Administrative Law

Acts to help others for a just case are the traditional virtues of the Chinese nation, and has been to evaluate its people mostly from the moral level. Moral evaluation to give the hero is a kind of spiritual encouragement and support, but most of the good Samaritan behaviors are highly dangerous, when behavior and its easy to cause damage to property and humans. Often happened in actual losses cannot be remedied, and their disabled deaths will face greater difficulties, which make them feel dispirited and discouraged,and make the social public fear on these follow-up questions and didn’t dare to do good. In order to solve these problems, many provinces and cities formulated the related protection ordinance, ready to these regulations, to a certain extent, the protection of the rights of the staff ready to help others, but there are still many deficiencies, regulations apply chaotic problems for example.Combined with the economic development all over the country and the social level, there is a lot of difference. Various provinces and cities in the rules governing the unfair phenomenon often appear when life as different price and compensation standard difference.This article tries from the angle of the objective, scientific and reasonable to conduct analysis and definition of the evaluation and reference to various provinces and cities, on the basis of good Samaritan legislation experience,to dig out the factors unfavorable to the protection of the rights and interests of the hero.At the same time refer to foreign advanced protection of the rights and interests of the hero of legislative content and practices of the advanced practice, proposed suits our country to be able to properly solve the hero countermeasures facing the dilemma of the unity of the national legislation and practice, provide theoretical thinking to solve this problem. In the writing of this paper chose ten provinces, that is shandong, fujian, anhui, tianjin, jiangsu, hunan, ningxia, shanxi, jilin, hebei,whose municipalities and autonomous regions of special legislation are as a ready sample, through the sample according to the legislation to comb reasonable, improve the deficiency, and propose own administrative legislation conception. This article can be divided into five chapters:The first chapter is mainly to summarize the acts to help others for a just case. From two aspects of the definition, characteristics are discussed. The concept of hero who shows good behavior and characteristics at the same time. The author thinks that the characteristics of warm mainly includes four aspects:first,the person not responsible for the specific body behavior or legal obligations; Second, the intention of needing with altruistic behavior in person; Third, the behavior with urgency that actor implement behavior risk is happening; Fourth, the hero of the behavior needs to have certain risk, rather than a high level of risk.The second chapter is mainly about the hero’s rights connotation. In this chapter,author has made the detailed division of rights and interests. Based on the analysis, the hero’s rights are expounded.Then the author interpretates the four ways to protcet the rights and interests of heros,that is civil law, criminal law, administrative law, the social security act law.The third chapter mainly elaborates the overseas to the provisions of the protection by being related to Anglo-American law system and continental law system countries and to compare the content of the good Samaritan laws, discover their rules, the reasonable parts of the proper reference according to the actual situation in our country.The fourth chapter is for the protection of the rights and interests of administrative law to comb at the present stage in China, and points out the insufficiencies of current protection and gaps, mainly from the overall and expounds on the specific content of the legislation. Based on samples in terms of contrast, combining with China’s actual national conditions/the author analyses the deficiencies, as to provide theoretical basis for later improvement measures.The fifth chapter is about the concept of the national good protection to the measures. First to elaborate the theory basis of this idea, and secondly to discuss the regulations,and the basic principle. Finally,we must enact based on basic principle of concrete system, if we want to improve and protect the rights and interests of the hero better.