The Research On The Establishment Of Risky Rescue Duty In Our Country

In recent years,there are more and more cases about risky rescue appearing in judicial practice,but the amount of relevant laws are fairly less,and have the problems of ion and doctrine,scattered distribution and so on,which make the results of cases become widely dififerent.So,setting up the risky rescue duty uniformly on legislation could be the key to solve the problem.However,setting up a risky rescue duty is a limitation for personal freedom after all,thus,the management on the "degree" of risky rescue duty is the foundation that whether the duty could be really effectively worked.Because the legislation of general duty to rescue still has a lot of hinders,while the legal practice of special duty to rescue is comparatively mature,so the article focuses on the the setting of risky rescue duty under the special relationship or special situation,by depending on the the legal practice in our country,and combining the legislative conditions of foreign countries,the article discusses the problems of the application scope,rescue standard,liability etc.Specifically,The causes of risky rescue duty could be:the special relationship,the first act,the contract and the law.The rescue standard should be adopted as a“reasonably prudent person standard,'and when the rescue subject is a professional,the duty of care that he need to take should be different from common people.If the actor doesn't fulfill the duty or fulfill the duty inappropriately,the liability that he bears to compensate the victim's loss should be the combination of direct responsibility and complement responsibility.