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Research On The Problems Of Compensation For Damages In The Acts Of Good Samaritan

Posted on:2015-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:L ChengFull Text:PDF
GTID:2296330467954456Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Good Samaritan Acts don’t have an explicit definition in relevant laws ofour country. The article93and article109of the General Provisions of the Civil Laware the main criterion of the compensation for damages leaded to Good Samaritan acts.According to the different application, the results of compensation for damages aredifferent too. This leads to the unfair within a certain range and seriously damages thelegal interests of Good Samaritan or recipient. This Article will try to clear anddefinite the compensation for damages. Based on the explicit definition of GoodSamaritan, the Good Samaritan acts will be divided into Positive Good Samaritan actsand Negative Good Samaritan acts. I will respectively analyze the application of lawsand the compensation for damages depending on the different classifications. At thesame time, I will give some advice to perfect the system of compensation for damagesin the acts of Good Samaritan using the experience of other countries for reference.In this Article, I study the problems of compensation for damages by using someresearching methods, like comparison and analysis of cases. At last, I will give somelegislative proposal. The article is divided into three parts: Introduction, Main Bodyand Conclusion. The follows are the contents of Main Body.The first part mainly introduces the definition of Good Samaritan acts. I willanalyze the concept, current status on the legislation of our country and othercountries and the compensation for damages. Through knowing of legislation of Good Samaritan acts of other countries, I will have a good control of the definition of GoodSamaritan acts.The second part mainly introduces the compensation for damages of GoodSamaritan. Because the personal danger of Good Samaritan acts is higher, the doermay have damages in the process of salvation. At first, I will confirm the payer ofcompensation, including to recipient, infringer, state. Then I will confirm the range ofcompensation for damages, including general loss and spiritual damage.The third part mainly introduces the compensation for damages leaded by GoodSamaritan. Through the study of the theory of Good Samaritan immunity of USA, Itry to find the way to resolve the problems of damages by Good Samaritan. Then, Iwill analyze the necessity, the exercise elements and the object of Good Samaritanimmunity when the theory is used in the Good Samaritan acts of our countries.The last part mainly introduces the advice to perfect the compensation fordamages of Good Samaritan acts. The contents are as below:1.A national and uniformlegislation of Good Samaritan acts.2. Supplement and amendment of the relevantnorm of the civil laws. This will be helpful to the settlement of compensation fordamages.3. The state has the responsibility to make up the remainder damages ofGood Samaritan. This will remove the worries behind of Good Samaritan. Throughthe advice, I wish I can find a better solution of the compensation for damages.
Keywords/Search Tags:Good Samaritan acts, the general duty to rescue, Compensation for damages, Good Samaritan immunity
PDF Full Text Request
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