Normative Interpretation Of Rescuers' Rights And Interests Protection In The Civil Law

From the Peng Yu case in 2006 to the XiaoYue yue event in 2011 and the secondary rushing on a woman in Henan Province during recent years,the moral and trust crises caused by “difficulty in acting as kind people” and holding hands to see others' die(injury)have been the issue troubling the whole society.The introduction of General Provisions of Civil Law established a recuers' exemption system,improved recuers' relief system,and generally constructed the basic framework of China's good samaritan law system.However,the current good samaritan law system still has the problems of inadequate content and too broad scope of exemption system,which urgently need the interpretation of civil law norms to regulate the contents and properly understand as well as apply.with the interpretation of longitudinal history and horizontal comparison to understand and explain the contents of current good samaritan law,the author found that recuers' rights and interests protection system by the rescuer's relief,the rescuer's immunity and aid obligations constitute three aspects,and a long history of legal system in our country also has rich resources of relevant laws.The current good samaritan law shall form a “one-nuclear,two-way,three-dimension” type of recuers' rights and interests protection and nominative system that centers on recuers' rights and interests protection,considers the rights and obligations in a two-way manner,and contains the three-dimension content of the exemption of rescuers,relief of rescuers,and special rescue obligations.In this way,it is possible to improve the contents of good samaritan law system in China,and protect rescuers' rights and interests while encouraging rescue behavior,carrying forward social uprightness,and solving the problem of moral crisis.