The Disposition Of First Aid Resources:A Research On Decision Right Of Emergency Personnel

First aid resources in China is facing with the problem of being misused, occupied and wasted. The main reason is that Chinese emergency legislation system is not yet perfect and the legal regulating of first aid is far from enough. And the provisions of different local regulations on the two problems—"whether the dispatch personnel may refuse to transfer the ambulance and ambulance crews" and "whether the patients or ambulance crews may decide which hospital to send to"—are not clear and unified. This paper introduces the experience of the United States, France, Japan and other countries in the perspective of comparative law, and finds that the common way is:endowing the right to dispatch personnel to decide whether to send the ambulance and ambulance crews or not in the process of accepting emergency call and endowing the right also to dispatch personnel to decide which hospital to send to in the course of transporting patients. To explore the theoretical basis of the experience abroad and the feasibility of legal transplant, ths paper analyzes the reasonable resources-allocation theory and the theory of rights conflict. And it makes a legal analysis on the reasonable allocation of first aid resources and the conflict of rights behind the problem of abusing first aid resources. Thus this paper suggests the experience of endowing the right to dispatch personnel to decide whether to send the ambulance and ambulance crews or not can be used for reference, however we should consider China’s national conditions and endowing the right to ambulance crews to some extent to decide which hospital to send to in the course of transporting patients.In conclusion, the paper suggests that a unified legislation to establish the decision right of dispatch personnel and ambulance crews (collectively referred to as the decision right of emergency personnel) in order to curb the abuse of first aid resources and realize the rational allocation of first aid resources.