The Legal Protection Of Good Samaritans In The Perspective Of The System Of Negotiorum Gestio

The purpose of this paper is to study the legal protection of the Good Samaritans' rights and interests in the perspective of Negotiorum Gestio.Lately,there have been many cases about “Turing a blind eye to others' risks”,the reason is the current law doesn't provide adequate protection for the Good Samaritans,not the public's demoralization.Negotiorum Gestio is a system of protecting the good Samaritans' rights and interests.The writer analyses the origin of this system,the purpose of its establishment,development,the specific provision and application and finds it is insufficient in protecting the Good Samaritans.But beyond that,the writer introduce a law on protection of the Good Samaritans,which is known as the Good Samaritans Law.This law includes a outstanding advantage,which is worth us to learn or use for reference in the area of protection of rights and interests.Then,we will get a better Negotiorum Gestio system to relieve the Good Samaritans' apprehension when they want to save others and to solve the question of the so-called “demoralization”.The first chapter of the paper:the proposal of questions,the writer tries to find that different Good Samaritans will face a similar consequence after salvation according to several typical cases.The second chapter: the writer analyses some theories on Negotiorum Gestio system which includes the purpose of its establishment,development,the value among the different stages,and gets two discoveries which contains the rescuer lack exemption from liability and remuneration or reward after rescued.The third chapter is about the introduction of the Good Samaritans Law including its origin and development,the law's mention is to illustrate it has a outstanding merit on the Good Samaritans' protection which is use for reference.The fourth chapter is to giving some suggestions according the aforementioned and several new law rules,and explain the necessity of these.The conclusion on this paper : Negotiorum Gestio system unfolds two insufficient aspects including the rescuer lack exemption from liability and remuneration or reward after rescued,which have negative impacts on the Good Samaritans or the public to rescue out of goodwill,and need to be improved.