Legal Protection Of The Rights And Interests Of Courage

In our country,the law does not make direct and systematic provisions on the act of righteousness and courage,but it is scattered only in the General Principles of Civil Law,the General Principles of Civil Law,the Law on Tort Liability and Local Laws and Regulations.In practice there is no act of courageous behavior,the perpetrator is not protected from infringement of its rights and interests,the perpetrator caused by the loss of legal liability,etc.,resulting in the community is more common there is no courageous or courageous people are misunderstood Highlight the social problems,courageous social values by the social reality of the severe test.Courageous behavior refers to the behavior of people based on their own interests in order to prevent the ongoing emergency behavior of the implementation of the act of emergency relief,the civil law is a kind of emergency behavior.Courageous behavior in the course of the loss suffered by the courageous,according to the law to enjoy the right to claim damages for infringement of the right of the beneficiary and the right of claim for non management.Due to the fact that the legal relationship between the two parties is different and the same infringement occurs,the right of claim is formed by the exclusion of competition.Courageous behavior should be the preferred option for tort infringing the right of claim for compensation in tort,no missing or no ability to pay,courageous behavior can be exercised to the beneficiary for claim management.On the civil law courageous behavior on the request of the beneficiary bear the compensation liability,tort liability and tort liability compensation the beneficiary who is not really joint and several liability,the main responsibility is ultimately the infringer should give the beneficiary in the tort person or has the ability to compensate the right of recourse.Relief of courageous behavior obtained from the infringer or beneficiary,there are common difficulties faced by that claim,in the case of the beneficiary compensation relief is limited,to guarantee the good Samaritans,should jump out of the view of civil law,the state compensation liability set made courageous rescue fund substitute beneficiary,in order to improve the protection of the rights and interests of courageous behavior.