Research On Immunity Of Good Samaritan

Influenced by the high standards of administrative affirmation,there is an obvious administrative tendency to the definition of Good Samaritan in theorists,belonging the administrative assistance to Good Samaritan unawarded.In addition,born with moral attributes,there are all kinds of definition when talking about Good Samaritan.In view of this,it is necessary to summarize Good Samaritan from different perspective of department law,and in the field of civil law,Good Samaritan should define as: Natural person who does not bear rescue obligation save national property,collective property and others' personal interest or property interest at emergency under the risk of sacrificing their own interests.In addition to good faith of helping others,Good Samaritan are acting in the urgent and dangerous surroundings,they have to face the facts that interests to be rescued will be damaged in a short time and themselves will be harmed.All of this greatly reduce their usual attention,so there is a special need to protect Good Samaritan and relief their responsibility.Only in this way can we achieve fairness and justice of Good Samaritan,protect the rescuer and form mutual helping in the world.However,the existing system in civil law can't undertake the task of Good Samaritan immunization: Justifiable defense and Emergency hedging are usually used to relief Good Samaritan,but both of them have a same flaw: setting the result as the only standard.Besides,Justifiable defense can't solve the problem of how to determine respective responsibility when Good Samaritan and the rescuer or a lot of Good Samaritans defend at the same time,and Emergency hedging have to face the question why it is feasible when Good Samaritan are lack of the intention of “hedging” which is a essential element in Emergency hedging.Last but not least,the rules of Spontaneous agency,assumption of risk and contributory negligence are defective at the situations of Good Samaritan hurt the rescuer,other Good Samaritan or himself,so we have to learn from foreign law.The Good Samaritan Law and Spontaneous agency at emergency both contain the same objective premise of emergency situation and immunity of responsibility by distinguishing subjective fault of the rescuer of the manager to protect them.Good Samaritan consistent with the prerequisites and social functions of these two rules,it will be usefully to reference their experience of immunizing when the rescuer isordinary negligence.Gross negligence,which includes moral condemnable,indicates that courageous person should be badly condemned in subject,and his fault is exceed the range of the negligence due to the emergency and dangerous surroundings.Besides,damage is the prerequisite to bear liability,so it is necessary to form a rule that no courageous renders rescue at the scene of an emergency and dangerous shall be liable for civil damages resulting from behavior other than an act is gross negligence or willful.