A Study On Civil Liability Of The Righteous Behavior

When the righteous behavior promote social justice,some complicated legal problems may arise,the most obvious of which is the civil liability which may be caused by the righteous behavior.In order to handle the issue of civil liability in the righteous behavior,and scientifically define the subject of civil liability and the scope of civil liability.First,we must correctly define and characterize of the righteous behavior from the perspective of civil law.Combining the relevant research results of civil law scholars on the righteous behavior in our country,we can roughly define the righteous behavior from the perspective of civil law: In the absence of statutory or arranged duties and obligations,in order to safeguard the safety of property rights and personal security of the state,public collectives,and other people,natural persons relieve the rights of the state,the collective,and others in an emergency.In addition,although there are many exterior similarities between the righteous behavior and voluntary service,there are many differences in the original intention of the legislation,the environment for setting up,the subject of adjustment,and the scope of responsibility.Therefore,it is necessary to separately discuss the issue of the righteous behavior and its related civil liability from the perspective of civil law.In Chinese civil law systems,from the "General Principles of the Civil Law" to the "General Provisions of the Civil Law",the issue of civil liability in the righteous behavior has been stipulated through legislation and judicial interpretation.Among them,Articles 183 and184 of the "General Provisions of the Civil Law" are the latest norms about the righteous behavior in the civil law system.Article 183 responds to the subject of liability filling the loss of rescuer,Article 184 clarifies that rescuer shall not bear the harm caused by the righteous behavior for recipient.After comparison,we can find that the relevant norms of civil liability in the righteous behavior have experienced obvious development and changes.Compared with foreign legislation like France,Japan,and the United States,there are still problems such as lack of theoretical support,slightly general normative content,and lack of test about judicial application effects.To analyze the civil liability entirely caused by the righteous behavior,it is necessary to sort out the categories.First of all,the problem of civil liability that may be assumed by rescuer.The civil liability that rescuer should assume to infringer can be explained by the theory of justifiable defense.The civil liability that rescuer should assume to the third person can be explained by the theory of emergency action.The civil liability that rescuer should assume to recipient is handled in accordance with the current Article 184 of "General Provisions of the Civil Law".Second,the civil liability of filling loss that beneficiary should assume to rescuer.This is divided into the responsibility of "can compensate" and the responsibility of "should compensate" that beneficiary should assume.The article has carried out detailed analysis from the perspective of the premise of responsibility,the nature of responsibility,and the corresponding subject of right of claim.The current Chinese legislation for the adjustment of the civil liability of the righteous behavior are about the beneficiary's liability and the rescuer's irresponsibility.The relevant content is concentrated in Articles 183 and 184 of "General Provisions of the Civil Law".At present,we should try to analyze the applicable dilemma faced by Articles 183 and 184 of "General Provisions of the Civil Law" and find corresponding breakthrough paths based on the perspective of law application.Article 183 of "General Provisions of the Civil Law" does not response some questions that how to define the scope of compensation that beneficiary should assume to rescuer,how to distribute the responsibility of proof between the beneficiary and the rescuer,and how to define the order with the similar articles of voluntary service.For the solution of these problems,it is suggested that the beneficiaries' compensation scope should be defined by the actual loss suffered by the rescuer,and the rescuers' burden of lawsuit should be alleviated from inversion of responsibility of proof,and the prior application of Article 183 should be defined.In addition,Article 184 of "General Provisions of the Civil Law" also has problems such as the imbalance of the interests between the rescuer and the recipient,ignoring the consideration of the goodwill of the rescuer,and the excessive indulgence of the freedom of rescuer's behaviors.For these questions,the article attempts to make targeted recommendations.For the resolution of these problems,it is suggested thatArticle 184 should emphasize the good intention of the rescuer in the judicial application,clarify that the recipient bears the responsibility of proof for the fault of the rescuer,and recognize the legal effect of the recipient's refusal to help,and the principle of proportionality should be invoked to determine the scope of responsibility of the rescuer.Relevant provisions about civil liability of the righteous behavior should balance the interests between beneficiary and rescuer.The current Chinese legislation balance the interests between beneficiary and rescuer by compensation responsibility of beneficiary.It can increase the burden on beneficiary and lead to new legal disputes.In order to defend rescuer,it can be considered to break through the scope of civil liability and fill the loss of rescuer through diversified relief channels to alleviate the civil liability of the beneficiary.In this way,the relationship between beneficiary and rescuer can be adjusted more equitably,and the implementation effect of Chinese relevant provisions about civil liability of the righteous behavior can be strengthened from the side.