Study On Legal Issues In "Good Person Clause" Of General Provisions Of The Civil Law

In order to encourage the good deeds of saving the wounded and rescuing the dying,and to improve the indifference of the social atmosphere of"Nobody help an elderly fall",Article 184 of the General Principles of the Civil Law,which was voted at the 5th meeting of the National People's Congress on March 15,2017,stipulates:If the implementation of emergency assistance causes damage to the recipient,the rescuer does not bear civil liability.This clause is also known as the"Good Person Clause"of China.Since the formulation of the"Good Person Clause",discussions of the excuses for emergency relief behaviors in the theoretical circles is in full swing.It is generally believed that the"Good Person Clause"does not make the provisions of the exemption from"intentional and gross negligence"is unreasonable.In addition,there are other unclear and unreasonable places in China's emergency relief exemption legal system,which require us to analyze,explain and improve.The discussion in this article begins.The article uses comparative analysis and conceptual analysis,and is divided into five parts in addition to the introduction and conclusion.The first part firstly sorts out two typical cases related to emergency assistance in judicial practice since the"Good Person Clause".By summarizing the facts of the case and the referee's point of view,the relationship between the rights and obligations of the parties is clarified,and the focus of the dispute between the two parties is extracted,and a simple evaluation is made.The results of the referee found that the"Good Person Clause"in the judicial practice isn't practical and the scope of adjustment is narrow,resulting in a less practicable dilemma,and summarizes other related issues that need to be resolved in handling emergency assistance cases.This part is the beginning of the article.The second part discusses the theoretical basis of the exemption ofemergency assistance behavior.Firstly,it explains that the exemption system for emergency assistance comes from the Good Samaritan Law of the Anglo-American legal system.Secondly,the nature of the emergency rescue behavior is defined as negotiorum gestio act.An urgent and non-causal management behavior,combined with the provisions of the law and the definition of Dr Liang,determine the four components of the emergency rescue behavior,that're the unclaimed altruism,no statutory or agreed bailout obligation between rescuer and the recipient,a causal relationship between the bailout of the rescuer and the damage suffered by the aided person and the emergency situation when the bailout is implemented.Finally,the responsibility of the emergency rescue act is analyzed,and the responsibility for the emergency rescue exemption is considered.The basis of legitimacy comes from the illegal resistance of non-causal management and the reduced duty of care in emergency situations.The third part,firstly sorts out the formation of the normative system of Chinese emergency rescue exemption system,and finds that the formation of Chinese emergency aid legal system is a process from local legislation to national legislation,the scope of the subject is wider and wider,and the protection of rescuers becomes more adequate.By categorizing and comparing the local legislation of emergency relief in six cities including Changsha,Zibo,Shenzhen and Urumqi,it is found that their many rules such as the restrictions on emergency situations,the restrictions on the scope of exemption and the emphasis on the burden of proof are advanced and reasonable,which could be good references for the improvement of thefuture"Good Person Clause";then,by combing the revision track of the"Good Person Clause"in the revision process of the"General Principles of Civil Law",it is found that the concept of”avoiding the worries of goodwill rescuers"in the legislative process has always promoted the final establishment of the"Good Person Clause."Finally,the article analyzes the problems of China's"Good Person Cause",including the impact of the current legal system uniformity,the ambiguity of the interpretation of the provisions of the provisions and the exemption clauses of its provisions have three major risks,and the cause of the problem is mainly the overemphasis on the protection of the rescuer and the necessary restrictions on the scope of the exemption.In the fourth part,according to jurisprudence theory,domestic and foreign legislative experience and judicial practice,this article believes that we should improve the"Good Person Clause"from the legislative level,judicial interpretation level and judicial practice level,with emphasis on adding"significant negligence" as exemption.The exceptions are the inclusion of emergency assistance in the non-causal management system and the refinement of the elements of emergency assistance.