China’s Civil Law Regulation On Voluntary Emergency Relief

China’s previous civil laws and regulations have not specified the emergency relief act,and have been regulated by the regulations of spontaneous agency,justifiable defense and emergency safety.However,the spontaneous agency focuses on managing other people’s affairs,which includes both the act of rescue and other management behaviors,such as the management of the property of others.And justifiable defense and emergency avoidance focus on preventing the occurrence of damage or further expansion.Therefore,the specific scope of the implementation of the emergency assistance behavior in Article 184 of the "General Principles of Civil Law" is still uncertain.This paper hopes to define the position of emergency rescue behavior in China’s civil law by exploring foreign legislative models and combining with the status of emergency social assistance in the country,and to sort out possible problems in the application of practice.On the basis of this,this paper elaborates on this article,proposes its own opinions on the existence of ambiguity,and provides some ideas for the application of the article.In Article 184 of China’s "General Principles of Civil Law",the provisions concerning the exempting of emergency assistance are based on the existing exemption provisions for pre-hospital emergency care in some of our country,and developed via drawing on the "Good Samaritan Law"abroad.The "Good Human law" system in the U.K,U.S.A and France is different from that in China with regard to their specific provisions.The"Good Human Law" in the U.K,U.S.A and France emphasizes the protection of the rescuers,while the "Good Human Law" in China emphasizes that it is the obligation of ordinary citizens to rescume others.The exemption provisions for emergency assistance in China are more similar to those of the"Good People Law" in the U.K,U.S.A and France.Exploring the existing foreign legislation has great positive significance for the implementation of our country’s laws.The original legal norms of our country lack the definition of emergency rescue behavior.Therefore,the provisions of Article 184 of the General Civil Code stipulate whether the existing provisions for non-cause management,legitimate defense,emergency hedging,etc.supplement,or as a kind of new behavior.The regulations require further clarification.Article 184 is more concise.It does not give a clear statement on subject qualifications,fault conditions,applicable circumstances,limits,etc.This article attempts to clarify the key concepts in the article and make suggestions for future legislative direction,provide a reference option for possible problems in practice.