Discussion On The Legislative Protection Of Good Samaritan's Rights

In recent years,problems caused by the others' heroic deed gradually become a focus,and legislative protection on the heroic behavior has been a hot topic.But the phenomena that rights and interests of the people who make a contribution to the heroic behavior are encroached have often occurred.The moral decline hurts these people and make them a defendant after they do a heroic behavior,which panics everybody in society.Meanwhile,in China,there is no unified standard of the legislation on the heroic behavior protection with regard to person's rights and interests.Lack of unification,local rules and regulations hinder the protection on the contrary.(Delet if not a must,)This text starts from the legislation and practice of the heroic behavior concerning to person's rights and interests of those who make a contribution to the heroic behavior.Based on the freedom and value considerations of legal interest,combined with the inspection provisions of foreign law,this text puts forward possible paths and specific suggestions to establish unified legislation on protecting the rights and interests of the people who make a contribution to the heroic behavior.The first part of this article is to analyze the plight of practice and legislation of human rights protection of courageous acts.This part mainly states from the perspective of practice and legislation.Combined with the cases discussed at present,as well as referring to criminal law,civil law,administrative law,local rules and regulations,judicial interpretation,the first part of this text is to analyze current issues in Legislation.In this paper,the second part is to demonstrate the necessary legislation concerning the protection of human rights of those people who do boldly what is righteous.The first is carried out from the courageous consideration of legislation to protect the value of freedom by necessity,order analysis and legal interests,to demonstrate courageous legislative protection.In the second place,from the perspective of comparative law,common law and civil law for the courageous legislative regulations on inspection,which absorb Samaritan legislation on the protection of having two legal reference practice and regulation.The third part of this article is extraterritorial investigation and using for reference about rights protection of people who do boldly what is righteous.What's more,summed up their respective legislative characteristics through the comparison of legislation of Good Samaritan`s rights protection in two legal system countries.Then can put forward the specific legislation of our country protection reference through a domestic do boldly what is righteous legislation comparative analysis.The fourth part of this article is to ponder on the Perfection of legislation to protect the rights and interests of courageous behavior.The first is the proposed human rights protection of courageous acts in our selection.The second is the Construction of the courageous acts of unity Protection Legislation establishing the legal framework of the relationship between the Samaritan Relief actors in the legislative protection.