Research On The Legislation Of Civil Salvage Obligation

In recent years,with the continuous emergence of such cases as “seeing dangers at risk” and “helping people suffer”,the legislative demand for civil assistance obligations has become imminent,and the promulgation of the “General Principles of Civil Law” on March 15,2017 has made up for this.In the case of deficiency,Article 184 stipulates that “the rescuer does not bear civil liability for the damage caused to the aided person due to the voluntary implementation of the emergency assistance behavior”.This landmark clause has also been referred to by the academic community as “good person law” since then.Later,the theoretical circle has also taken a new direction in the discussion of civil relief obligations,and the practice community has had more authoritative legal basis for the resolution of such cases.However,Article 184 of the “General Principles of the Civil Law” still needs to be improved,and there are still many difficulties in its implementation.There is a lot of controversy in the academic research on this article,so this article will also be used as a target to combine the development of civil assistance obligations at home and abroad.,In-depth analysis of the status quo of our country's civil assistance duty legislation,compare the changes in our country's aid duty legislation before and after the promulgation of this clause,and put forward their own suggestions for more reasonable and perfect.This article will be divided into four parts for introduction and analysis.The first part introduces the theoretical basis of the civil relief obligation.This paper introduces the source of civil relief obligation by introducing the concept of duty of care and obligation,legal obligation and moral obligation,and then points out that there are two types of civil relief obligation,which are based on the relationship between the subject and the unfamiliar subject.This article mainly analyzes Discuss the latter.The second part introduces the comparative analysis of civil relief obligations.This section will separately elaborate the development history and theoretical results of the civil assistance duty legislation of the civil law system and the Anglo-American law system countries.The civil law system mainly introduces the legislative experience of the two most representative countries in France and Germany,while the Anglo-American law system mainly It highlights the two aspects of restatement and statutory tort law.Next,it compares the differences and links between the two legal systems regarding the civil assistance duty legislation,and points out the impact and reference significance for our country's civil assistance duty legislation.The third part introduces the realistic dilemma that our country's civil aid thinks.First,introduce the status quo of China's legislation related to relief obligations,sort out the legislation of China's relief obligations,point out the current legislation regarding the duty-to-help legislation and the development trend of China's duty-relief legislation,then analyze the existing problems in China's relief obligation legislation and the “General Principles of Civil Law”.The places that are lacking in the relevant regulations review the methods of settlement in judicial practice.The fourth part is the suggestion to perfect our country's civil assistance duty legislation.In combination with the above,corresponding to the pointed problems,we propose our own solutions,including clarifying the scope of application of China's civil assistance obligations,the construction of incentive models,and protecting the rights of rescuers.It is hoped that through the analysis and recommendations of this article,we can make a modest contribution to the legislation of China's civil assistance obligation and better complete Article 184 of the “General Principles of Civil Law”.