Research On Voluntary Emergency Relief System In China

In recent years,it has become a hot social issue to see how to protect people from being falsely accused,whether to save them or not,and whether to help them or not.There are many tragedies caused by not saving lives.The reason is not only the decline of social honesty and morality,but also the lack of legislation to protect the rights and interests of rescuers.Article 184 of the general principles of the civil law of the People's Republic of China,promulgated on March 15,2017,stipulates for the first time in formal legal provisions that the rescuers shall not bear civil liability for any damage caused to the victim by voluntary emergency relief.This clause has positive epoch-making significance and is known as China's "Good Samaritan law".There are many problems in the application of the single provision of voluntary emergency relief.Therefore,this paper starts from the relevant concepts of voluntary emergency relief,finds out the existing problems through the establishment and implementation process of China's voluntary emergency relief system,then based on the related experience from the two major legal system countries on voluntary emergency relief system and China's social reality.It puts forward some ideas and suggestions on how to improve China's voluntary emergency relief system so that we can strengthen the construction of honesty and ethics in China.This paper consists of five chapters.Chapter one is an overview of voluntary emergency relief,including the concepts of “voluntary” and “emergency relief”,the relationship between voluntary emergency relief and good deed and the relationship between voluntary emergency relief and causeless management.The second chapter introduces the background of the establishment of China's voluntary emergency relief system,the provisions of China's regions on voluntary emergency relief and the course of revision of article 184 of the general principles of civil law.Firstly the third chapter introduces the implementation status of the voluntary emergency relief clause in the general principles of civil law,and then analyzes the problems existing in the system of voluntary emergency relief,such as the inconsistency of the rights and obligations of the rescuers in the legislation of voluntary emergency relief,the imbalance between the protection of the rescuers' rights and the protection of the recipient's interests,the fuzzy concepts of kindness and fault,and the difficulties in carrying out closed provisions.The fourth chapter mainly introduces the legislation status quo and rules of voluntary emergency relief in Civil law system and Anglo-American law system and the experience that can be used for reference in China.Based on the experience of voluntary emergency relief legislation of the two major legal systems,the fifth chapter states four aspects: the constitutive elements of voluntary emergency relief,the immunity of voluntary emergency rescuers,the application of proportionality principle and the establishment of a safeguard system for rescuers.These aspects are essential to improve the voluntary emergency relief system in China.