Studies On The Problem Of Guarding The Public Morals With Compensation

Content: It is the fine tradition and national spirit of the Chinese nation and deeply rooted in the long and glorious history of the Chinese nation.National spirit is the spiritual support for the survival and development of a nation.A nation,without the support of noble character,can stand in the forest of the world.In the great cause of building socialism with Chinese characteristics,it is of great significance to carry forward the spirit of charity.In recent years,however,it is not uncommon for the brave to Sue the beneficiary for damages.It is not hard to see that this is contrary to the basic idea of building a harmonious society.It is a good moral tradition and has more important legal attributes in the modern legal society.It is not only the protection of traditional morality,but also the necessary measures to safeguard social stability and harmony,solidarity and friendship and perfect legal system construction.In our country,relevant law for not a unified and specific definition of the concept of similar cases dealt with according to the different legal norms,obviously leads to the results of slightly different,even it will inevitably exist some degree of inequality,which will damage the legitimate interests of the good.Civil law is the basic law to adjust the relationship between people.Under this background,it is very important to strengthen the civil law regulation.Analysis this article obtains from the concept of hero,the hero definition of damage compensation,etc.,and aiming at the hero damage compensation in our country's legislation present situation and deficiency,rules,at home and abroad for reference,put forward some perfect measures,to achieve the purpose of construct a set of complete system of civil law regulations.In addition to the summary,the introduction and the conclusion,this article is divided into three parts:The first part: this part is for overview,through comparative analysis on the semantics of the courageous statement,relevant statements at home and abroad,this paper summarizes the definition of this concept;in addition,the courageous damage compensation defines the civil legal relationship damaged the courageous list by way of case a detailed analysis,so as to lay a theoretical foundation for the discussion below.The second part: this part mainly from the legislative level,a detailed analysis of the status quo of China's courageous damage compensation,and pointed out some problems,such as the existence of the beneficiary definition or scope,a number of legal beneficiary to the issue of compensation,the compensation standard and the scope of the problem is not easy to operate,for the lack of unity and other issues.The third part: the perfection of the compensation system for the injured people in our country.This part mainly introduces the extraterritorial Jianyiyongwei damage compensation system,through the comparative analysis of common law and civil law countries on the Samaritan claim(claim,namely the courageous to repay the Samaritan Samaritan's right to claim compensation for damage claims and courageous reward)the relevant provisions of the problem,found on our country the significance,then to improve the courageous damage compensation system in china.