The Legal Relief Of The Brave Act For A Just Cause

The rapid development of modern social and economic life makes the brave act for a just cause become more and more important. The brave act for a just cause is one of the larger areas of doctrinal differences, especially without due compensation claims management problems staggering. This paper analyzes the meaning of the management system without reason, form, content rights and obligations of both parties and their related compensation claims, the different legal systems and learn from foreign advanced foreign legal system compare to this requirement, in addition to the brave act for a just cause compensation claims because of improvement suggestions.The paper is divided into introduction, body and conclusion.The introduction mainly introduces the research background, research value and significance, literature review and research methods of this paper.In the first chapter, the connotation, explore the the brave act for a just cause elements as well as the legal nature, understand how to define the brave act for a just cause. The mainly discussed is the brave act for a just cause and the relationship and difference between management, self-defense, emergency the legal system. In particular, there is no management, the brave act for a just cause and no management has a very high degree of similarity, many scholars will these two concepts together, even many scholars think Jianyiyongwei is because of a kind of management. In many ways the the brave act for a just cause can management and non comparison and reference of the theory. After comparing with the three systems, on the legal nature of the the brave act for a just cause and the most close system.The second chapter introduces current law on the the brave act for a just cause legal relief of China. Look at my country in the shortcomings of legislation in this aspect, our country law of the brave act for a just cause there is no uniform clearly defined, although some local regulations, these Provisions are some biased, some are too narrow, and can not fundamentally problem solving. Then discuss in our country reality of the brave act for a just cause behavior in the brave act for a just cause, beneficiary, the perpetrator and relationship of rights and obligations and plight of applicable law. In our country the the brave act for a just cause legal remedies also exist to protect the main inequality, absence of national compensation, the brave act for a just cause fund system is not perfect, the the brave act for a just cause who enjoy the right of claim is not comprehensive.The third chapter is the suggestions on how to improve our the brave act for a just cause legal relief. First understand foreign laws on the the brave act for a just cause and what provisions, especially with Japan and France, is the mainland legal system, the relevant legal provisions. As a comparison, also look at the provisions of Anglo American law system in. In the context of comparative law, drawing on the legislative experience of foreign, for perfect our relevant legislation suggestions such as to Samaritan who suffer damage after the damage compensation responsibility undertaker and assume responsibility for classification in accordance with the responsibility in public law or private law responsibility. Finally, all the discussion, to explore how to improve the the brave act for a just cause other measures of legal relief. Such as unified national legislation, improves the samaritan fund management system, improve social security for the the brave act for a just cause and so on, in order to promote the the brave act for a just cause legal rights are more effective relief.The last part is the conclusion.