The Research On The Judicial Application Of Good Man Clause

Since October 1st,2017,the general provisions of civil law of the People's Republic of China began to be implemented.As the first Chinese civil code,one of the most important part is that the 184 th,which is called the Good Man Clause.It is not responsible to help others at a time of crisis.The law has attracted people's attention since it was announced.The method of comparative study in this paper has not only combing the current relevant legislation in our country especially the non-cause management system,but also analyzing the current legal system of foreign countries in detail and the enlightenment to our country's legislation.In the process of judicial application,it is not has clear boundary between the act of emergency assistance and the separation and selection of the non-cause management system.At the same time,the clause completely relieves the civil liability of the rescuer will cause problems in the process of judicial application.Therefore,the emergency relief behavior in the “good man clause” should only be limited to situations in which the rescued person's personal health is threatened and need to be rescued.Property rights are removed,so that they can better distinguish and choose from the corresponding systems without management.In addition,the salvage behavior of rescuers that cause damage to the rescued person should be distinguished.If the rescuer has intentional or gross negligence in the salvage process,he should bear the corresponding responsibility.