Research On The Liability Of Good Samaritan For Damages

Article 184 of the General Provisions of the Civil Law of the People's Republic of China in our country establishes the exemption rules for emergency rescuers.It aims to encourage the courage of justice and eliminate the worries of those who are brave.It is a major measure to improve the social status of the public becoming indifferent.It reflects the General Provisions of the Civil Law of the People's Republic of China is more humanistic.However,in the expression of the emergency relief exemption clause,there is no provision for exceptions when the rescue behavior is grossly negligent,which is likely to bring greater social hidden dangers.This provision is a special case of emergency assistance.There is no specific requirement on how to resolve the conflict of interest between the rescuer and the recipient,how to deal with the conflict between the rescuer and the third party,the conditions for the application of the article are not specified.In our Civil Law system,there are no related concepts such as management,proper defense,emergency risk avoidance and courageousness.These behaviors overlap and intersect with emergency rescue,but the same behavior is after the application of emergency assistance clauses and these similar clause.The legal results are likely to be different,and the current classification of salvage behavior in the Legal system has brought many difficulties to the application of justice.The discussion in this article is directed at these issues.In addition to citations and conclusions,the main text is divided into four parts.Firstly,it analyzes the main components of goodwill assistance behavior,and puts forward its own views on goodwill assistance behavior.The responsibility of the Good Samaritan is classified according to the object of damage and,the subject of damage liability and rescuer negligence types.The duty of care of different responsible subjects may be different,and different legal results may exist between different legal relationships.Then it is to compare the difference between the goodwill assistance behavior and the traditional similar concept.Summarize the problems existing in the emergency rescue clause,and analyze the reasons for the existence of these problems.Then,after a brief introduction to the responsibility of the Good Samaritans in the Continental Law system and the Common legal system,and extracting the part that is helpful to the improvement of the relevant system in China.Finally,it proposes solutions to the problems of legislation and judicial application in the problems of the responsibility of Good Samaritans in China.