Civil Law Analysis Of Righteous Courage

It is not a legal term in the strict sense,but a concept of the cross between mor ality and law.Because it involves the balance of multiple interests,it has been brough t into the perspective of legal adjustment.In addition to the work of the transaction is outside the scope of the state organs shall exercise the functions and powers in acco rdance with the law,most of the good Samaritan in accord with the basis of negotior um gestio constitutive requirements,the required relief behavior reflect reality violate t he urgency of the risk and a higher level of justness,belongs to the special negotioru m gestio,and should also be rules apply with negotiorum gestio.At the same time,t here is a certain cross relationship between civic-minded and just defense and emergen cy safety in civil law.In order to protect the interests of others,the justifiable defens e against the infringer and the emergency safety against the third party are also in ac cordance with the principle of bravery.If he suffers damage due to justifiable defense or emergency safety,he may request compensation from the infringer or the beneficia ry.In case of emergency justifiable defense and emergency risk aversion caused dama ge to beneficiaries may also be appropriately exempted from liability."The general civ il law" in article 183 and article 184 established the good person damage compensatio n claim and emergency voluntary liability rules,to set foot on a new step.However,t here are some defects because the rules are too principled,so their understanding and application should be strictly limited.The determination of beneficiaries should be tak en into account comprehensively.For appropriate compensation scope should be treated differently,in the absence of the infringer,the infringer escape or unable to bear civi l liability when the beneficiary compensation should be interpreted as at least compens ation's heroic people direct expenses and direct losses,to eliminate the contradiction o f heroic people less than without the guarantee of the administrator;The scope of exe mption from liability for emergency voluntary assistance should be limited.When serio us misconduct constitutes a criminal offence and criminal liability should be borne,we ightlifting shall bear civil liability explicitly.In addition to the introduction and conclusion,the text consists of four parts.The first part is the question.By pointing out the current mistake in the public's mind,this paper brings out the significance of the research on the principle of goodSamaritan.The second part,see the basic theory of courage and righteousness.First introduc ed the good moral term legalization process,gradually to the basic concepts,coupled with the general civil law "article 183,article 183 to redefine its constitutive requirem ents.Secondly,this paper analyzes the relationship between civic-minded and relevant systems,discusses the similarities and differences between civic-minded and justifiable defense,emergency risk aversion and non-cause management respectively,and clarifies the cross relations between them.On the basis of this,the nature and types of civicminded bravery are described.The third part,see justice for the domestic and foreign legislative investigation.F irst of all,this paper analyzes the development process of the relevant legislation in C hina,and compares the differences between articles 183 and 184 of the general princi ples of civil law on the protection of volunteers for human rights.Secondly,this pape r analyzes the characteristics of the relevant legislation in foreign countries,and seeks experience and enlightenment from the civil law system and the Anglo-American law system,so as to provide a basis for the subsequent argument.Part iv,the problems existing in articles 183 and 184 of the general principles of civil law.Focusing on articles 183 and 184 of the general principles of civil law,thi s paper probes into the possible questions of understanding and application in judicial practice.The fifth part,improvement Suggestions.Conclusion according to the previous arg ument,in view of the problems in the fourth part,a beneficiary in the "general civil law" the 183 th of cognizance,appropriate compensation scope of the standard,and the choice of "general civil law" the 121 th applicable and "the general civil law" the 184 th exemption scope of application is given in this paper,the point of view.