| Acting bravely for a just cause is a noble act that has been praised by people since ancient times.At home and abroad there are many examples of acting bravely for a just cause being known by people.Today,with economic development increasingly advancing,people’s moral bottom line is gradually slipping,and there have been a large number of phenomenon of seeing what is right and not acting.The reason is that China’s current legal system is insufficient to protect the rights and interests of those who are brave enough to acting bravely for a just cause.Therefore,a large number of kind helpers have made themselves in a difficult situation and paid a heavy price for helping others.To encourage more people to acting bravely for a just cause,it is needed not only to advocate spiritual civilization in the society,but also the national law as a strong support.Introduction of this thesis starts from the sensational current affairs news,introducing the topic acting bravely for a just cause which draws people’s attention to.Part One analyses the legal principle of acting bravely for a just cause,namely,the concept,legal nature and constitutive elements thereof,and attaches great importance to several issues which should be paid attention to in the identification of acting bravely for a just cause: whether the subject of acting bravely for a just cause includes minors;Identification of acting bravely for a just cause when there is a special relationship between the rescuer and the person rescued.Part Two analyses the legal relationship of acting bravely for a just cause.By analyzing the different legal relationships among different subjects(person who acts bravely for a just cause,infringing party,beneficiary,and third party in damage),different relief approaches is obtained.Part Three,through analyzing the legal provisions,concludes that there are many deficiencies in China’s current legislative status about the legal provisions for acting bravely for a just cause.Based on the combination of theory and practice,it is concluded that China’s law fails to fully protect the legitimate rights and interests of those who act bravely for a just cause.Part Four starts from the four aspects of cost reimbursement,damage compensation,compensation claim and liability exemption,analyzes the relevant legal provisions of the United States,Britain,Japan and Germany on acting bravely for a just cause.Through the investigation of foreign laws,this thesis provides feasible suggestions for acting bravely for a just cause and legal provisions in China.Part Five,upon the comprehensive analysis of thefull text,puts forward some suggestions on improving the civil legislation of the system for acting bravely for a just cause in China: adjusting and improving the provisions of existing laws and regulations,enhancing the national compensation mechanism and improving the fund system for acting bravely for a just cause.It is expected to make up for the losses suffered by those who act bravely for a just cause to the greatest extent and reverse the social apathy phenomenon in current society. |
