Research On Legislation For Protecting The Rights Of Saver In Good Faith

From “seeing injustice on the road and drawing one's sword to help the victim” in ancient times to “praising virtue and punishing vice,supporting the justice” in modern times,act of Good Samaritan as traditional virtues of the Chinese nation has been praised widely,this virtue has been lasted for thousands of years until now.However,the present reality is that Good Samaritan win wide support in moral,but lack of powerful protection in law.It is not lack of struggle against criminals,disaster rescue and heroic deeds in today's society,however,Good Samaritan without proper protection and reward because imperfect legislation,so the embarrassing fate that “heroes bleed and burst into tears” usually happens.So how can we protect the Good Samaritan in order to let them to avoid trouble after doing a good deed? Many countries in the world is formulated the “Good Samaritan law” to protect “the good Samaritan”.At present,our country has the local law to protect Good Samaritan in each region.But there are lots of problems in these regulations so much that they can not apply to the requirements of judicial practice.Therefore,formulating unified national legislation to protect the related behavior is imperative.The thesis contains four parts.The first part mainly recommends the theory of human nature,its representative and discusses that whether existence of altruism and the altruism behavior or not under the background of the theory of original evil of human nature;the second part introduces the altruism and altruistic behavior basically,analysis nowadays the reason of the lacking of altruistic behavior in our country under the condition and spills up to the theme of “do nothing to save others”;the third part is the core part of this paper.This part recommends that other countries in the word have legislated “Good Samaritan Law” in order to protect the right of Good Samaritan and lists the legal provision of some countries.We can be summarized as: the countries of common law system exempt the Good Samaritan form Partial responsibility,most civil law countries increase duties and obligations of saving,then do some research about legislative situation in our country on act of Good Samaritan from ancient times to the present and from the central to local and analyze the issue of our legislation at present.The forth part is conclusion: our country should formulate a unified legislation to protect the legitimate rights of well-meaning saver,and give relevant legislative suggestion.