Research On Good Samaritan

Relief behavior is more common in society.When most emergency situations occur,people cannot seek professional relief in time and often rely on mutual assistance between strangers,which highlights the importance of emergency relief.However,in recent years,disputes caused by rescue actions have been increasing.While torturing people's conscience,they also give warning to the disregard of the law.The Li Kaiqiang case in Zhengzhou and the Wanxin case in Chongqing caused an uproar in the society.Later,similar cases continued to appear,hitting potential rescuers.When people faced emergency situations again,they were full of worries and did not dare to lend a helping hand easily.Now,in order to build a harmonious society and create a good social atmosphere,the General Provisions of the Civil Law has established Article 184,the purpose of which is to eliminate people's worries about the implementation of emergency assistance,encourage people to lend a helping hand,rebuild public confidence and transmit positive social energy.Article 184 of the General Provisions of the Civil Law stipulates that the rescuer shall be exempted from civil liability if losses are caused to the aided person due to the rescuer's rescue of the aided person.This is the first time that China has put forward the concept of emergency relief in civil law.It is an innovation in our country's legislation.It is of positive significance for rectifying the social atmosphere,promoting the socialist core values,resolving the current social contradictions and relieving the rescuers of their worries.However,specific analysis shows that completely exempting the rescuer from responsibility will obviously expand the rights of the rescuer.While violating the principle of fairness in civil law,it ignores the new problem caused by this,that is,no one will bear the losses of the rescuer himself.In addition,China's relief system for rescuers is not perfect.In practice,it is easy for rescuers to fall into an unaffordable predicament due to the damage of rescue behaviors,which virtually increases the cost for rescuers to implement emergency rescue.Moreover,the law does not effectively regulate the situation in which rescuers are framed for implementing rescue in real life,making such incidents happen again and again,which has caused a heavy blow to public confidence.Therefore,the author advocates increasing the identification of the rescuer's subjective fault,emphasizing the rescuer's goodwill and introducing the principle of proportionality to regulate it so as to balance the rights and obligations of both parties.Furthermore,we should establish a comprehensive compensation system for rescuers,establish a national compensation system,an emergency rescue fund system and amend relevant laws to strengthen the protection of the rights and interests of rescuers and effectively reduce the rescuers' worries about rescue.Finally,establish the legal responsibility for infringing the legal rights and interests of the rescuer,increase the cost of the aided person to carry out the framed act,and provide judicial protection for the rescuer,such as clarifying the principle of proof,requiring the judge to correctly apply the rule of experience,and paying attention to balancing the relationship between legal theory and reason,so as to curb the occurrence of similar events.