A Study On The Civil Law Of The Righteous Behavior

The act of righteousness refers to a natural person who does not have a statutory or agreed obligation to fight against the crime of protecting the interests of the state,the social public interest or the personal or property of others.Or in the case of emergency relief to implement their own in a dangerous situation under the rescue behavior.There are few laws and regulations on the behavior of courageous behavior in our country.The local laws and regulations have the deviation from the confirmation and understanding of the courageous behavior.The scholars have made different opinions and opinions on the nature of the courageous behavior.At the same time,the different legal interpretations in judicial practice have also led to the frequent occurrence of "the same case".This article makes a basic analysis on the definition of courageous behavior,clarifies the necessity of legal regulation of courageous behavior,and discusses the nature and constituent elements of courageous behavior,classifies and demonstrates the legal consequences of courageous behavior.In order to clarify the basic theory of courageous behavior,to provide ideas for judicial practice.This article is divided into six parts:The first part is the question.Through the integration of different provisions of existing laws and regulations on the definition and recognition of Righteousness behavior,compared to the structure and content of both the differences in various legal regulations,biased analysis of existing norms and had not yet been involved.Put forward the concept of courageous behavior,the necessity,nature,constituent elements of legal regulation and the legal consequences of several aspects of the problem.The second part summarizes and analyzes the theoretical controversy about the concept of courageous behavior,discusses the basic types of courageous behavior,and further reconstructs it.The scholars from different angles,put forward the concept of targeted courageous behavior,a hundred schools of thought can be a good way to promote the construction of legal theory.There are many different types of courageous behavior,according to the courageous behavior in the case of any infringement of people,can be courageous behavior is divided into the courageous behavior of the perpetrators and the relief of the courageous behavior.According to whether there is a third person,you can be righteous behavior is divided into a third person's courageous behavior and no third person's courageous behavior and so on.The author based on the classification of courageous behavior,the concept of courageous behavior to remodel,Define it as natural person who does not have a statutory or agreed obligation to fight against the crime of protecting the interests of the state,the social public interest or the personal or property of others.Or in the case of emergency relief to implement their own in a dangerous situation under the rescue behavior.The third part discusses the necessity of legal regulation of courageous behavior.From the ethical analysis will be courageous behavior from the moral level to the legal level of the need to extend.From the economic point of view of the courageous behavior of the production and cost theory,and analyze how to maximize the benefits in the act to encourage the courageous behavior of the general practice.An Analysis of the Construction of Socialist Spiritual Civilization from the Perspective of Sociology.The fourth part explores the theory of the nature of courageous behavior,mainly including no management said,legitimate defense and emergency hedge,said the contract said to prevent infringement and administrative assistance said.In view of the above doctrine,the author analyzes the types of legal relations by qualitative behavior,intended to more clearly identify the nature of courageous behavior,with a view to better regulation of complex judicial practice.The fifth part explores the constitutive elements of courageous behavior.On the elements of courageous behavior,mainly from the subject,subjective,object,the objective aspects of four levels of analysis.The main body,to explore the courageous behavior and the relationship between the relief obligations,and whether the subject should be limited to the issue of natural persons;Subjective emphasis on the implementation of courageous behavior should be altruistic;The object of the rescue benefits need to meet the risk and legitimacy,which is courageous behavior and help the behavior of the difference between the behavior;The objective aspect is that the rescuer needs a certain salvage behavior,and analyzes the effect of the suspension of the act and the result of the determination of the courageous behavior.The sixth part explores the legal consequences of courageous behavior.Will be courageous acts of the consequences of law is divided into courageous acts caused by the damage to their own people,courageous acts caused by damage to the infringers,courageous acts caused by the third person damaged and courageous behavior caused by the four types of damage to the salvor.Combined with the previous normative documents and the "good Samaritan law" related content,comment on the newly promulgated Articles 183 and 1984 of the General Principles of the Civil Law of the People's Republic of China,and put forward their own comments and suggestions on the deficiencies of the provisions.