Research On Exemption Of Good Samaritan

Article 184 th of General Provisions of the Civil Law for the first time entitles the voluntary rescuer of the exemption from liability at the legal level and makes clear that if in the rescuing process the rescuer causes any damage to the rescuee,there is no need for the rescuer to bear the civil liability,which fills the blanks of our Chinese legislation of the exemption for voluntary rescue and is regarded as the Chinese version of “law of kind people” by the public and the media.The legislative purpose of this article is aimed at protecting the kind rescuer,and the writer of the thesis holds the idea that this article of law fails to distinguish the complete exemption rule of the rescuer's faculty extent,destroying the interests balancing between the rescuer and the rescuee and making dispute on related systems in the civil law system.The writer suggests making improvements in the civil code tort liability part and regulating that rescuer should take proper civil liability if they leads to great harm to the rescuee thanks to their intention or gross negligence.In this paper,the text is divided into four parts,The first part: The theory of voluntary rescue.In this part,the writer will firstly demonstrate the legal concept of voluntary rescue,laying the basis for voluntary rescuer of the exemption from liability.Besides,on the basis of drawing conclusions on local regulations coming from more than forty provinces and counties,the writer analyses the constructive requirements of voluntary rescuing acts which includes the subjects being natural persons with statutory obligation or prescribed obligation.Subjectively,the rescuer possesses the altruism,providing rescuing acts for others' interests.In the thesis,the writer also demonstrates the relationship between voluntary helping act and negotiorumgestio,administrative assistance.The second part:the precondition of the voluntary rescuer of the exemption from liability is the liability establishment.Therefore,in this part,the writer will first represent the concept of voluntary rescuer liability and demonstrate the constructive requirement of voluntary rescuer liability from the tort law perspective.The constructive requirements are made up of rescuer providing voluntary rescuing acts,rescuer making some faults,rescuing acts making some damages and the causal relationship existing between the voluntary rescuing act and the damage.The writer next demonstrates the traditional impediments related to voluntary rescuing act before the release of General Provisions of the Civil Law: justifiable defense and necessity.Finally,the writer analyses the voluntary rescuer of the exemption from liability established by the article 184 th of General Provisions of the Civil Law,the pass of which is aimed at responding a series of hot-debated Persons of Courage for Justice acts.The legislative background of the article 184 th of General Provisions of the Civil Law and the preconditions of exemption from liability: the rescuing happens in an emergency and it is the rescuee who suffers from damages.The third part: the foreign law of the voluntary rescuer of the exemption from liability.The rescuer of the exemption from liability in countries and areas ofcase law system and civil law system will be introduced in the part.The countries and areas of common law system denies the duty to rescue and entitles rescuer of the exemption from liability through the special Good Samaritan Law.Among these countries,the United States is the most typical one,so the development of Good Samaritan Law in the United States is emphatically introduced.The countries and areas of civil Law countries admit the duty to rescue and uses the emergency negotiorumgestio to solve the problem related to the exemption from liabilit.Finally,the writer gives his own voice on the voluntary rescuer of the exemption from liability in the countries and areas of Civil Law System and Case Law System.The fourth part: The drawbacks and perfections of the voluntary rescuer of the exemption from liability of our nation.The drawbacks of the voluntary rescuer of the exemption from liability of our nation will be first analyzed,and the writer raises the shortcomings of full liability exemption in the the article 184 th of General Provisions of the Civil Law and refutes the reasons of agreeing the full liability exemption.On the basis,the writer put forwards the idea of perfecting the voluntary rescuer of the exemption from liability from the angle of tort liability part of the civil code and makes legislative suggestions of entitling the rescuer of limited exemption.