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The Case Analysis Of A Legal Dispute About Righteous Behavior

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2296330431956245Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the networks and media, more and more about the courageousbecause courageous lead to physical, mental, and property damage cases not lead to social aiddiscussion and concern. In civil law practice, The law applies to issues related rightsprotection as well as beneficiaries of courageous compensation liability also particularlyworthy of study.Mr.Wu to court beacause of help residents of a village with fire and suffered personalinjury. In the case proceedings, plaintiff and defendant generated a great deal of disagreementabout righteous behavior constitute the plaintiff’s behavior, whether beneficiaries should bearthe compensation liability and whether beneficiaries should bear moral damagecompensation, become a focus of controversy cases. For this series of problem solving,righteous behavior law should clearly define and elements at first, righteous behavior that arenot statutory or contractual obligation, in order to make the legitimate interests of the state,society, the collective public interest or other people and property from infringement, etc. Incase of emergency implemented to fight against criminal acts, or save, rescue, relief lawfulbehavior. For the courageous civil law finds should not be too strict, elements can beestablished in line with righteous behavior, beneficiaries bear the responsibility forcompensating the problem is that the law of civil law regarding the application of the relevantprovisions of Samaritan question. China’s relevant laws and regulations are not unified,practice in similar cases resulted in the application of different legal issues. For solving thisproblem, recommendations to management based on the theory without reason. Rich "CivilLaw" Article93of the content and delete "Civil Law" Article109. Solve the problem of theapplicable law and the issues of whether the beneficiaries bear mental damages. Clearlyidentified Righteous behavior, solve the problem of non-infringement laws apply Samaritanpeople. To help protect the interests of those courageous to safeguard social fairness andjustice, advocating morality of society.
Keywords/Search Tags:Righteous behavior, Voluntary service, Application of law, Compensationresponsibility
PDF Full Text Request
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