Analysis On The Legal Issues Of Civil Relief Action

In recent years, civil relief action aroused widespread concern.Although many provinces and municipalities in China have its own set of laws concerning Good Samaritan acts, but its contents can not effectively solve the problems that may exist in the citizen bailout behavior. Therefore, when "Case of Peng Yu" and "Little YueYue’s incident" occurred, many people called for the protection law which can applicate in the whole country to protect the civil relief action. There are different kinds of public opinions as to whether China needs this specific kind of law. However, during the two sessions in 2012, there were NPC deputies and CPPCC members proposed a motion to develop the Law on the Protection of the national civil relief act. Although it did not pass, it has the significance of the milestone.This article analysis the problems which reflected by the cases, and at the last part it propose solutions of the problems.There are four parts of this article except the introduction and conclusion.In the first part, it introduces the cases and points out the legal issues which reflected by the cases, in order to elicit the concept of civil relief action.In the second part, it analysis the concept and elements of civil relief action and also compares with the concent of heroic act and spontaneous agency to analyze the similarities and differences with related concepts.The third part of a detailed introduction of the legislative basis for the protection of citizens abroad relief act and the legislative status quo and analysis of the problems existing in Province of Guangdong and City of Shenzhen, China, legislative practice to protect the civil relief act, to provide a reference for later solving those problems.In the last part, it discusses the reasons for the issues of applying the civil relief action, I believe that the main reasons are the lack of legal protection of civil relief action and the social impact of unhealthy practices. Therefore, there are some suggestions for solving the problems in this part, such as formulating a law which can be applied in China, establishing a association for the protection of civil relief act and improving the judicial officers work ability. The purpose of this paper is to solve the problems in the civil relief action, so this part is the most important part of this article.