The Analysis On The Good Samaritan Law Of America-with The Analysis On The Relevant Rules In The General Provisions Of Civil Law

Law has a close relationship with morality.If noble acts are not protected by law,the society will be far away from morality.In order to save the degraded society and rebuild the common belief and moral consciousness,California has enacted the first Good Samaritan Law in 1959 through hot debates among personages of all circles,the purpose of which is to protect the Good Samaritans.From then on,most states have enacted laws to give immunity to Good Samaritans so as to protect them.Until 1987,Good Samaritan Law has been popular all over the United States,and have formed complete legal system through half-century development.The purpose of the thesis is to introduce the historic development process of American Good Samaritan Law deeply and roundly,and the author hope that the experience of American Good Samaritan Law will provide some advice to the improvement of the General Provision of The Civil Law of The PRC.Apart from the introduction,the thesis can be divided into six parts.The first part mainly introduces the social background of American Good Samaritan Law.In the early days of America,The Principle of No Obligation was popular due to the influence of common law.However,with the development of the society,the principle couldn't fit into the needs of social development,especially in the cases of Catherine Genovese,the irrelevant attitudes of bystanders and people's selfishness have triggered the unhappiness of the legal system,and some scholars called on the immunity rights to the helpers,and the lawmakers started on the exploration of new legal system.The second part introduces the formation and development process of American Good Samaritan Law,California enacted the first Good Samaritan Law in 1959,and it marked the initial shape of American Good Samaritan Law.From then on,the states of American have vested immunity rights to Good Samaritans through legislation in order to protect Good Samaritans.The contents of Good Samaritan Law have been enriched and its expansion was rapid through America.The third part introduces the basic contents of American Good Samaritan Law.The author began the introduction from the story of “Good Samaritan”,and introduced the basic framework of Good Samaritan Law,and then gave a detailed introduction of “Positive Good Samaritan Law” and “Negative Good Samaritan Law”.The fourth part introduces scholars' judgement about Good Samaritan Law.There was abig debate about the reasonableness of its existence,and there were two kinds of opposite opinions.This part gave a detailed judgement about Good Samaritan Law through the demonstration of American scholars' opinions.The fifth part was the Good Samaritan Clauses in Chinese legal system and its legal improvement.The author introduces the clauses of Good Samaritan Law in our present law,and then points out the value orientation and legislative skills in Chinese legal system.In the end,the author analyzes the defects of Chinese Good Samaritan Clauses and gives some advice according to the provisions of American Good Samaritan Law.