A Study Of The Legal Issues Of "Good People Clause"

Being brave and helpful is one of the traditional virtues that are respected by society.in recent years,there have been frequent judicial cases in which the salvors are legally responsible for implementing salvage behaviors,so that potential salvors are feel hurt and disappointed.In response to this issue,China's newly promulgated "General Principles of Civil Law of the People's Republic of China"(hereinafter referred to as the "General Principles of Civil Law")has this issue in article 184.Article 184 of the "General Principles of Civil Law" is referred to by the public and jurists as "good people clause".It provides that the rescuer does not bear civil liability for damage caused to the aided person due to voluntary implementation of emergency assistance.The "good people clause" is the final result of the game of benefit between the salvor,the recipient,and the moral ethics behind it.It is the embodiment of the basic principle of the "General Principles of the Civil Law" and is also an affirmation of the emergency salvage.However,the content of the "good people clause" is still not perfect,and this article just focuses on this issue.In addition to the introduction and conclusion,the text is divided into three chapters.The first chapter of this article analyzes the domestic and foreign legislation of "good people clause".The related legislation abroad is more comprehensive,protecting the “good Samaritans” from the perspective of civil law and criminal law.At present,the scope of exemptions for emergency rescuers in local laws and regulations only covers emergency medical assistance.The author elaborates the forming process of the "good people clause" legislation to clarify the evolution of the "good people clause".The second chapter of this article is an analysis of the legal nature and constitutional elements of the "good people clause".In terms of legal nature,the academic community currently favors the three doctrines of bravery,emergency relief,and no-cause management.The author gradually defined the legal nature of the “good people clause” through the comparison of concepts and the selection of case analysis methods.In the above comparative analysis,the four constituent elements are defined in terms of the qualifications of the “helper”,the identification of “voluntary implementation”,the criteria for the identification of “emergency assistance” and the connotation of “do not bear civil liability”.The third chapter of this article is the analysis of the difficulties faced by the "good people clause" and the solution.At present,the “good people clause” provides the maximum exemption for the salvors,which is the biggest highlight of this revision.However,the specific implementation rules have not been introduced and there is a possibility that this clause may be overrun.For various practical problems,based on the analysis of the first chapter and the second chapter,the author proposes legislative proposals such as perfecting the provisions,forming supporting mechanisms within the civil law,strengthening criminal legislation,and establishing a protection system for the rights of rescuers.