Discussion On Bystander’s Tort Liability

In recent years, more and more events of not rescuing the people in danger were exposed by media. This immoral behaviour not only leads to the social atmosphere decaying,also gives the traditional ethics deadly impact, bringing serious social consequences. When victim’s interests are facing of imminent danger of reality, does every bystander have the obligation to rescue? If you don’t rescue people at risk,is it necessary for you to undertake liability? Throughout our existing civil legal system, there is not corresponding regulations on this issue yet. Countries’tort law are increasingly emphasizing on the protection of victims from the trends of law all over the world.Many countries regulate bystanders’liability from the aspects of criminal law or civil law.This paper argues that it is recommended people who doesn’t rescue someone in danger should bear corresponding tort liability from the point of our current society’practice.What behavior can be defined to not rescue people in danger should be limited within an appropriate range from the analysis of the current phenomenon.That is the person who bears some obligation to rescue,warn or remind somebody has the ability to rescue someone in danger and knows the relief will not harm themselves or others,but not rescuing, resulting someone suffered personal and property damage. Obligation to bystanders is just a easy rescue duty.The bystanders should bear tort liability is supported by the following three theories, including the basic social values, the philosophy of law theory and theory of Law and Economics. The most special responsibility constitution of not rescue people in danger is a breach of the obligation, in addition shall comply with the general tort elements outside.The chapter also discusses what principles and forms, what types of liability should be applied to bystanders who bear tort liability.In the future,we hope to draw relatively mature and feasible law, promoting the pace of legislation as soon as possible to resolve the negative social impact caused by the increasing frequency of the act from legal level through the analysis of the behavior of the subject, object, subjective aspect and the objective aspect.