Research On Civil Liability Exemption About Good Samaritan Injured The Recipient

Righteous Behavior is called the traditional virtues,because it stems from the benevolence of the rescuer.It is the full expression of the truth,kindness and beauty of human nature,and it is an excellent character that deserves to be admired and respected.The ancient expression: "seeing injustice in the road,helping others with a knife and helping others with courage".Righteous behavior generally happened in extremely urgent situations,most of the rescue methods adopted were faced with a problem,that is,the interests of the salvor,the recipient or a third person should be sacrificed to complete the relief.Whether and how to compensate the interests sacrificed,itis very important in balancing the interests of responsibility and value judgment.If there exists the interests jeopardized of the rescuer or a third person,usually in the judicial judgement on the basis of the theory of negotiorum gestio,emergency avoidance,or the tort to determine the legal responsibility.But if the damage of the beneficiary is caused by the rescuer's rescue,eliminate rescuer's malice,whether it is reasonable to make the rescuer shoulder the legal responsibility of bad result caused by good faith salvage? That is deserved to discuss.From the perspective of ordinary people,it is absolutely difficult to understand why the rescuer bear legal responsibilities for this,because according to the moral level,the rescuer should be encouraged and protected,for example that the negative social evaluation of the case of "nanjing peng yu" and "tianjin xu yunhe".As a result of the social impact brought by the "nanjing peng yu case" and "tianjin xu yunhe case",the people felt it is necessary to weigh the gains and losses for the sake of Righteous Behavior,and more and more people chose to ignore when saw the emergency situation needed help,until the "little yueyue case" occurred,just made everybody rethink.Not only the society,but also our legislators rethought profoundly.On this issue,the law should correct social morality and protect good morality.After much deliberation,March 15,2017,"General Provisions of the Civil Law of the People's Republic of China" promulgated,the article184 ruled "where voluntarily carrying out the emergency assistance causes harm to the person receiving assitance,the aider shall not bear civil liability",it meant that our country had established the rule "liability exemption on voluntary emergency assistance for the aider",finally give the definite attitude on law.However,the application of any legal provision must first suit its premise.The article 184 is a new regulation.What difficulties will be faced with judicial practice in the future need to be further studied and discussed.This article is following four parts:The first chapter mainly introduces the establishment of liability exemption on voluntary emergency assistance for the aider,discusses the necessity of its establishment,and analyzes its constituent elements.The second chapter discusses the orientation's change about the imputation of civil liability for the rescuer on voluntary emergency assistance in China.Starting from the typical cases and combining with the analysis of the nature of the civil law,summarizes and analyzes the judgment standard of imputation before and after "General Provisions of the Civil Law of the People's Republic of China" promulgated.The third chapter mainly examines relevant laws and regulations outside the territory,including continental law system and common law system,analyzes the characteristics of relevant legislation The forth chapter,by combining objective reality and referring to foreign legislation,explore the progress in article 184 of "General Provisions of the Civil Law of the People's Republic of China" promulgated”,and put forward some relevant Suggestions.