Research On The Minors’ Relief System Of Damage In Righteous Behavior

From two cases as a starting point,this paper raises a minor’s heroic topic,from the definition of helping others in a just cause,the legislation situation of the good Samaritan in major foreign countries,our country for heroic of the present situation of legislation and practice to analyze the minors’ suffering relief mechanism,to be ready to make special protection on this special group----minors,and avoid the hero being hurt by the body or property damage,or even by trauma.This paper consists of three parts:introduction,text and conclusion.The introduction part is mainly a brief overview of the reasons for the study,the research status at home and abroad,as well as the research methods of this paper.The text part includes four parts:The first part: through the investigation of two minors Samaritan cases,the article shows us the judicial practice in the dispute between the minors(which is called “manager”)and the people rescued(which is called “beneficiary”)after the good Samaritan,and draws forth the topic of this article: the civil relief system of minors’ heroic suffering.After the analysis of the legal relationship of manager and beneficiary(negotiorum gestio),on the basis of that,it sets the meaning of the good Samaritan in civil law,which is that who’s no legal reasons,in order to protect the national and social public interests and personal interests from loss,at a great personal risk to do the salvation actively----the Special negotiorum gestio.The second part:the particularity of the minor’s righteous behavior and controversy.Doing righteous behavior is a social rescue action in distress.When a person is helping others for a just cause,he or she may face personal and property damage and even more serious consequences,so in practice,for the minor’s salvation act,there has two opposite views and attitudes,which is positive and negative point of view.Both of them have their own arguments.Through the analysis of two kinds of views,the article makes the author’s attitude clear.The third part: foreign good Samaritan regulation for minors.Doing good in a foreign country is called "the good Samaritan law",meaning the resue of some good people.The fourth part: the analysis of the existing regulations in our country and how to relief the minors from personal injury or property damage.Four measures need to be implemented: the first one is the establishment of a mechanism for compensating for damage to the beneficiary(in the absence of the offender cases,the first subject of legal responsibility is the beneficiary to compensate the damage,the second is by the payment of funds);the second way is clearing and unifying the management department,specifically for a minor’s heroic rescue,protection,pension and other work relief(minors doing good things is not uncommon,we cannot ignore the problem,we must face it and solve it).The third one is to establish a system of legal aid of minors’ righteous behavior,enlarging the scope of legal aid in China;the last but not the most is to set up a minor’s heroic insurance(also known as "the person accident injury insurance"),by the national financial burden,renew it every year.Epilogue part mainly summarize this paper,and thank my teachers,family and classmates for the help of thesis writing.