Study On The Legal System Of The Good Samaritan Harm Compensation

The Good Samaritan is a traditional virtue of the Chinese nation, and it has been respected since ancient times. But in recent years, the tragedy of the Good Samaritan bloodshed and tears often hits the newspapers, triggering national indifference and helplessness of the "seeing justice but omission ". The reason causing this situation is mainly the incomplete legal relief system of the Good Samaritan. This paper analyzes the concept and standards of the Good Samaritan, the classification of the Good Samaritan and corresponding legal relations by using comparative research methods, classification analysis and case analysis. Aiming at the existing problems of the Good Samaritan harm compensation in our country and learning from the foreign regulations, we build a relatively complete legal system of the Good Samaritan harm compensation to protect the legitimate rights and interests of the Good Samaritan, carry forward the traditional virtues and build a harmonious society.In addition to the summary and conclusion, this paper is divided into five parts:Part ?:it is the introduction, and this part mainly introduces the background and significance, describes domestic and overseas research status of the Good Samaritan and the Good Samaritan harm compensation, and also details the research methods used in this paper.Part ?:This part is an overview of the Good Samaritan. Through comparative analysis of the concepts of civil law as similar with the Good Samaritan and the Good Samaritan to get these concepts existing cross relationship, it need to define its separate legal concept, and then summed up the concept of the Good Samaritan; and this paper analyzes in detail the standards of the Good Samaritan, providing a reference value to the affirmation of the Good Samaritan in practice; the Good Samaritan is divided into three categories and one by one goes ahead with the legal relationship analysis, and these lay a theoretical foundation for the writing of the post-amble.Part ?:this part mainly studies the overseas regulations of the Good Samaritan harm compensation, discusses the relevant provisions of the typical countries in the common law system and the civil law system, and puts forward some reference for the Good Samaritan harm compensation in our country, contributing to building the legal system of the Good Samaritan harm compensation in our country.Part ?:from the legislative and judicial level analysis of the current situation of the Good Samaritan harm compensation in our country, it points out many problems:the principle of the compensation and the nature of the obligation is not clear, resulting in different law application in the judicial practice; the legal relations subject of the compensation is not specific, resulting in litigation plight; the standards and scope of the compensation is difficult to operate, resulting in too large judiciary discretion; the procedural provisions of the compensation is unreasonable, limiting the rights protection of the Good Samaritan.Part ?:Aiming at the existing problems of the Good Samaritan harm compensation in our country and learning from the foreign regulations, we build a relatively complete legal system of the Good Samaritan harm compensation, including:detailing the principle of the compensation and the nature of the obligation, specifically defining the legal relations subject of the compensation, clearing the standards and scope of the compensation, and uniformly standardizing the procedural provisions of the compensation, in order to providing evidence for getting timely and effective relief of the Good Samaritan harm in our country.