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Analysis Of Legal Relief For Persuador's Victims

Posted on:2020-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2416330578471161Subject:Law
Abstract/Summary:PDF Full Text Request
Dissuasion means to dissuade the parties to the dispute in order to promote social harmony and to stop the dispute,and to stop the fighting,including dissuasion and pulling the shelf.The behavior of persuading people conforms to the traditional moral requirements of our country,the needs of social and public interests and the requirements of socialist core values.The behavior of dissuasion is worth advocating.In the process of dissuasion,the dissuasion often gets hurt by the behavior of the fighting and other dissuaders,but in judicial practice,the judgment of the court on such disputes often has a unclear definition of the nature of its conduct.Sinilar cases,such as different adjudication issues.Therefore,it is necessary to dissuade the act in the law.Position on the law in order to better protect the interests of dissuitors.The article mainly divides into three parts to dissuade the victim's legal relief to carry on the analysis.In the first part of the article,some typical cases of dissuasion are listed and analyzed.In judicial practice,there are some problems such as unclear definition of the nature of dissuasion,dispute on the responsibility of beneficiary,and whether the dissuitor is responsible for his own fault.The article mainly revolves around these several questions to carry on the elaboration.The second part of the article,the analysis defines the legal nature of dissuasion.Dissuasion is the act of persuading people to stop quarrelling or fighting.The dissuasion behavior of the quarreller should be a good act of favor;According to the dissuasion behavior of the fighting person,the behavior of giving favors without harm is good,the damage is non-cause management behavior,it has certain danger,the emergency is urgent non-cause management behavior,and the dissuasion behavior of performing duty is the duty behavior.The third part of the article,on the basis of clarifying the nature of dissuasion behavior,analyzes the legal relief of dissuasion victims.The scope of damage suffered by the dissuitor includes personal injury,property damage,and moral damage.The cause of the damage to the dissuasion is mainly the result of the fighting and the other dissuasion.People kill,fight with other dissuasion people to kill and because of the performance of duty to dissuade and damage.Due to different causes of injury,the legal relationship involved,the basis of the claim and the responsibility are different.In addition,the scope of damage should be determined by the principle of offset of negligence when the dissuitor has a fault on the occurrence of the damage.Hope through this article analysis carding,can perfect dissuasion person victimization legal relief to provide the help.
Keywords/Search Tags:Persuasive behavior, Negotiorum gestio, Compensation for damage, Beneficiary compensation
PDF Full Text Request
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