Analysis Of The Responsibility Of Emergency Rescuers

In order to correct the social atmosphere,solve the social problems of heroes bleeding and weeping,and urge "good people" to dare to save,the General provisions of Civil Law,after several deliberations,finally promulgated the Chinese-style "Law on good people," that is,183 articles,184 articles on "good people",but the provisions on emergency rescue have aroused a lot of heated discussion,but also brought about practical problems,emergency rescuers do not bear responsibility under,any circumstances will lead to a lot of problems.In this paper,183 articles 183 and 184 articles of Civil Law are selected as the perspective of research.It is not feasible for emergency rescuers not to bear any responsibility,and it is also related to the relevant judicial decisions in practice.Contrary to each other,the Law of good people is reduced to an empty shell.The purpose of this paper is to standardize the rescue behavior of the emergency rescuer through the in-depth analysis of the responsibility of the emergency rescuer,to balance the relationship between the rights and obligations of the rescuer and the rescued party,and to achieve the purpose of perfecting the emergency rescue.Realize the scientific rescue system that allows the rescuer to "dare" and the recipient to "dare to accept the rescue".Starting from the emergency rescue system of our country,this paper probes into the theoretical problems of emergency rescue by using the methods of case analysis,legal interpretation,comparative-study and so on,and combines the legitimacy of the exemption of emergency rescuers and the theoretical basis of their responsibilities.Focus on the analysis of the present order At the same time,this paper makes a comprehensive comparative analysis of the advanced legislative experience of the "good Samaritan" law in foreign countries,and then puts forward the way to perfect it.The article focuses on the responsibility of emergency rescuers.The following parts of the discussion are carried out:First,combined with several practical cases,it leads to the content that the emergency rescuer should bear the corresponding civil liability for the damage caused by intentional and gross negligence.Second,it is an overview of the responsibility of emergency rescuers.The first is the connotation and definition of emergency rescue.Secondly,by using the method of comparative analysis and referring to the legislation of foreign countries,the author makes use of the method of comparative analysis to help the emergency rescuers.Compared with the current legislative situation of our country,this paper finds out that there are defects in the emergency rescue system,which directly stipulates that the rescuers do not bear the responsibility.Third,the theoretical analysis of the responsibility of emergency rescuers.This paper mainly expounds the legitimacy of exemption from responsibility for emergency rescue,and the necessity of assuming responsibility under certain circumstances,and makes a deep analysis of the rescue behavior of emergency rescue,and probes into the consideration factors of the responsibility of emergency rescue.This paper focuses on the rationality of the corresponding civil liability of the emergency rescuer under different circumstances.Fourth,some problems existing in the emergency rescue clause of our country and its completion Be good at thinking.Based on the relevant theories and the experience of foreign advanced systems,this paper puts forward some suggestions to solve the problems encountered in the practical operation of the emergency rescue system.Through the research,this paper finally determines that the responsibility of the emergency rescuer should be improved from the following three aspects:first,the intentional,gross negligence as the exception of the exemption of the emergency rescue liability,at the same time,the rescuer due to intentional,The scope of damages in the event of gross negligence causing damage to the aided person and the liability for damages caused by the rescuer under specific circumstances shall be taken into account;Second,the principle of proportionality is introduced to balance the relationship between the rights and obligations of the rescuer and the recipient;third,to establish the relationship between the rights and obligations of the rescuer and the recipient.A disciplinary mechanism for blackmail by rescuers.It is hoped that the research in this paper can provide useful reference for the legislation and judicial practice of whether emergency rescuers bear responsibility.