On Good Samaritan Laws

Different from the concept of rational economic man, the core characteristic of Good Samaritan is the imbalance of economic interests. It is just the conflict between unbalancedness and legislation value orientation, that create the positive legislative mode and the negative legislative mode. Continental legal system lay particular stress on positive legislative mode. The relief effort as a general obligation is listed in the law, and the person who violate the obligation should undertake criminal liabilities or civil liabilities. While Anglo-American law system lay particular stress on negative mode of legislation, which focus on the impunity of relief effort and the right of action for the recovery of damages as priority. There are few states' legislation put the general relief obligation included into law. Comparing those two legal systems as well as the different legislative mode in the history of our country, we will produce specific ideas to perfect our country's Good Samaritan legislation. We should determine the specification in the civil law legislation, and then discuss the four elements of legal liability structure concrete specification: main body, condition, and method. Rescuer's rights and interests should be highlighted at the same time.