Research On The Exemption Of Kind Assistance From Liability

In the current Chinese society,where indifferent events and impervious to others calamity occur frequently,protecting and encouraging "Good Will and Good Deeds" has become the consensus of academia and even the whole society.The purpose of this paper is to affirm the behavior of kind assistance,demonstrate the reasonable value of exempting kind assistance from liability,find out the existing problems and put forward suggestions to solve the problems,in order to better protect the people who help or rescue others and encourage the public to actively give assistance to others in disadvantaged situations.The paper is divided into four parts: in the first part,the paper starts from the concept of kind assistance and its differences and links with related concepts,and then explains the reasons for choosing kind assistance as the theme;the second part is the legal basis of the exemption of kind assistance from liability,which demonstrates the value of exemption through comparative analysis of relevant theoretical theories and legislative examples;the third part is mainly about finding problems.The author finds out the problems in the field of system and judicial practice through exploring the process of civil legislation,sorting out local legislation and analyzing judicial cases.Among them,the problems in civil legislation and judicial practice are the most prominent ones.The fourth part of the paper focuses on the solution to the problems.The author suggests that,to solve problems in civil legislation,especially the interpretation of the exemption conditions and scope in the exemption rules,legal interpretation should be used from the perspective of normative interpretation.However,in view of the problems in judicial practice,theauthor proposes that,in order to strengthen the judicial application of the exemption rules,it is necessary to unify the criteria for the determination of exempting rescuers from liabilities.In addition,it is also proposed in the paper that judges should correctly use the evidence rules to accurately identify rescuers with kind intentions in the process of judging specific cases.Finally,it is also necessary to take into account both legal and social effects.It means to ensure fair judgment in law,as well as to promote social justice and good morality.