The Improvement Of The Good Samaritan Law System

“Good Samaritan” has always been the traditional virtues of the Chinese nation,but in real life often appear “hero bloody and tears” embarrassing situation. Thepurpose of this writing is how to resolve this embarrassing situation. The article ismainly divided into the five sections.Firstly, this part is mainly how to definition of Good Samaritan. The first partfrom the semantic concept of Good Samaritan, the analysis of the foreign relevant"Good Samaritan", and then summed up the domestic academic circles eachexpression, on the basis of the proposed in this article, the definition from the mainpart, subjective factor and objective factor three aspects in this article.Secondly, this part of carding and interpretation of the current situation of theGood Samaritan legislation in our country, from the civil law, administrative law,criminal law, and local laws and regulations four aspects are analysis.Thirdly, due to the current Good Samaritan understanding of the different, theapplicable law is different also. Because of the different theories, the mainstreampoint of view including negotiorum gestio, self-defense and emergency hedge, fairliability and administrative assistance. The third part on the summary and analysis ofthe above, on the basis of the evaluation put forward its own views: Good Samaritanis both of public law and private law as behavior, requires public law and private lawin the regulation of.Fourthly, analysis the shortage of the current Good Samaritan legislation, and thebest way to address these shortcomings is setting up a nationwide unified legislation.The fifth department described from the necessity of enacting legislation, legislativeprinciples, and framework. The last part focuses on the effective connection ofnational compensation; compensation relief system and administrative reward are emphatically expounded.