Research On Good Samaritan And It's Civil Responsibility

Good Samaritan^?1?is a good behavior advocated Chinese nation since ancient times,it reflects China's excellent quality.However,it is not uncommon for disputes over good Samaritan,one of the important reason is incomplete legislation system,especially,there are problems about rules of accountability."General Civil Law"regulates a possibility that the rescuer damages the beneficiary in the form of a clause and on the basis of existing legislation,which is a side that the law never set foot and progress of legislation.But if the law don't set the subjective elements for the rescuer,it is suspicious whether we can really achieve the original intention of setting up good Samaritan.Because the problem comes with it is that who compensates the beneficiary's damages?While solving a issue,legislation seems to bring another more serious problem.The article uses literary analysis method and comparison research method to divide this thesis into four parts.First of all,with promulgating"General Civil Law",the article will define the nature of good Samaritan and the meaning of it.Second,analyze the legal relationship between subjects and will sum up some questions on the basis of existing legislation,such as no comprehensive guarantee for the rescuer,immunity of responsibility of faulted good Samaritan is too broad and so on.Third,introduce extraterritorial legislation history,the rescuer's safeguard mechanism and immunity of responsibility,to summarize their advantages and refer them for our country's legislation in the future.Finally,analysis the legal relationship among the main bodies in good Samaritan action,clear the main bodies's responsibility in the core of the rescuer,the beneficiary and the infringer,to put forward superficial views on the rescuer's safeguard mechanism and responsibility immunity in legal amendment.