Study On The Legal System Of The Good Samaritan Harm Compensation

At present,many jurists who emphasized the connection to be protected but have not adopted a unified legislation in the form of existing laws,in connection still face difficult situations.In order to carry forward the fine moral tradition and protect the lawful rights and interests of the brave,it is particularly important to analyze the relevant provisions of the brave and guide the judicial activities,which is not only an important content of improving the legal system construction.Based on the above considerations,this paper starts with the concept of doing good deeds,analyzes the definition of doing good deeds' compensation for damages and so on,and makes qualitative analysis of the beneficiary's compensation obligation from a variety of perspectives,trying to make the system of doing good deeds self-consistent and better guide the practice through legal interpretation.In addition to the summary and conclusion,this paper is divided into four parts.Part ?:Overview.The research object and related concepts are summarized,including the definition of voluntary service and the specific relief system for voluntary service in civil legislation.This paper summarizes the controversial focus of doing good deeds and illustrates the controversial focus of article 183 of the general principles of civil law by analyzing practical cases.Part ?:Introduce and evaluate the three theories of compensation obligation:(1)the theory of special causeless management.The scholars who advocate this theory believe that there is a special causeless management relationship between the good Samaritan and the beneficiary,and the beneficiary's compensation obligation is the compensation liability.;(2)fair liability theory.Scholars who advocate this theory believe that article 23 of tort liability law is the specific applicable rule of fair liability in doing good deeds.;(3)legal compensation.The scholars who advocate this theory believe that a special debt is established between the good Samaritan and the beneficiary according to the good Samaritan clause,in which the obligation undertaken by the beneficiary is the obligation of compensation.The author agrees with the theory of legal compensation and comments on the three theories from the perspective of systematization.Part ?:The constitutive elements,scope and basis of compensation obligation are analyzed and summarized.The constitutive elements of the obligation of compensation are as follows:a good Samaritan shall not bear statutory or agreed obligations;the beneficiary benefits from doing good deeds.The scope of the beneficiary's obligation to undertake compensation shall be considered in accordance with the beneficiary's scope of benefit and the economic conditions of the beneficiary,and the total amount of relief shall not exceed the losses suffered by the good Samaritan.Part ?:On the basis of clarifying the elements and scope of compensation obligation,the difficulties in practice are summarized,and the civil law is connected with the voluntary relief system in other laws and regulations to construct a complete relief process for voluntary volunteers.The complete relief to the VFF includes the infringement damages of the tortfeasor,the compensation of the beneficiary,the spiritual and material rewards from the government,and the protection of the VFF fund to the VFF;The main problems include the unreasonable burden of proof on the volunteer and the inconsistency of the definition and constitution of the multiple relief system,which result in the difficulty of the application of the volunteer relief system.