How To Compensate The Loss Of Samaritan

In the field of Civil Law, the brave act for a just cause is not regarded as anindependent legal concept. Article109of the Civil Law says that if a person suffersdamages from preventing or stopping encroachment on state or collective property, orthe property or person of a third party, the infringer bear responsibility forcompensation, and the beneficiary may also give appropriate compensation. The relieftheory mainly uses the principle of fairness, which has the opinion that the infringershould bear responsibility for compensation. However, there are different opinionsabout this theory. All the disputes arising from the lack of legal concept. So this articlewill start from the definition of the concept.Based on this part, we will discuss thenature of the brave act for a just cause and assessment of damage, in order to find amore reasonable compensation mechanism.In my article, I explain the theory relating to the brave act for a just cause byusing some researching methods like comparison and analysis. The article is dividedinto three parts：Introduction, main body and conclusion.In the first part introduces the definition of the brave act for a just cause. As theCivil Law doesn’t give the definition, this article makes a research by analyzing thebrave act for a just cause in regional laws and regulations, giving an exactdefinition.And then comparing the concept of the brave act for just cause andvoluntary service. By making this research, I have a dear understanding to the conceptof the brave act for a just cause. The second part is the nature of the brave act for a just cause. There are alsosome different views about the nature of it. Firstly, I will analyse the relationshipbetween the brave act for a just cause and the voluntary service. About this, I think therelationship of them should be discussed separately. If the infringer exists, the braveact for a just cause does not belong to the voluntary service. Meanwhile, if theinfringer does not exist, then the brave act for a just cause belongs to the voluntaryservice. I think the brave act for a just cause can’t be fully adjusted by a single theory,but should be compared with the theory of voluntary service and the theory of tort.Only in this way can we get a better solution.The third part is about how to assess the loss of the brave act for a just cause.This part is very important in the whole article. In this part, I make a research fromtwo aspects: the brave act for a just cause with infringer and the brave act for a justcause without infringer. At last, I will have an analysis of the corresponding claim anddiscuss the entire relief mechanism.