Research On The Exemption Of Liabilities For Damages In The Acts Of Good Samaritan

Doing boldly what is righteous is the behavior that the Good Samaritan helping others get out of troubles for the purpose of Protecting others' safety and property,regardless the personal safety of themselves.And this is advocated by the society and is also the embodiment of social public morality and conscience.There is an old saying in China that "seeing injustice on the road and draw one's sword to help the victim".It also can be seen that righteous behavior is the traditional virtue of China since ancient times.However,in our practical life,the righteous behavior has been decreasing.Since the Peng Yu case in 2006 and the Xiao YuejyUe incident in 2011,there has been an increasingly serious crisis of credibility among the public.For the reason that from their perspective,doing boldly what is righteous instead of benefit,the Good Samaritan even bear more responsibility that should not be borme.This had led the public to worry about the risks of giving a helping hand to others when they are in danger and to fear that it perhaps may bring unnecessary troubles to themselves.And that is the reason which will lead to public indifference to those who are in danger.Therefore,in order to encourage people to practice the spirit of Good Samaritan and to promote the core values of socialism,the "General Principles of Civil Law" separately stipulates "the Good Samaritan clause".This clause provides that if the recipient is injured as a result of voluntary emergency assistance,the rescuer shall not bear civil liability.However,this clause only stipulates that the exemption of liability for damage caused by the act of the Good Samaritan,while the exemption of liability for damage to others is not stipulated.And the applicable conditions for the exemption of the injured person's liability for the act of courageousness are not clearly defined.Therefore,it is impossible to achieve the purpose of protecting the courageous and encouraging behavior.This article takes this clause as the entry point,analyzes the courageous behavior of the righteousness and the harms caused by the righteousness,analyzes the influence of the"good man clause" on the responsibility of others other than the aided person,and combines with domestic and foreign legislation to analyze and clarify the applicable conditions and applicable conditions for the exemption of liability for the act of courageous behavior,finds out the existing deficiencies,and make recommendations for the improvement of the responsibility exemption rules for the act of violating the courage.Specifically from the following sections:The first chapter briefly describes the definition of the righteous behavior and the damage caused by this behavior.Firstly,this part gives a systematic overview of the behavior,explains its concept and essence.Secondly,defining the harm caused by the act of righteousness,comparing it with the general infringement,and briefly explaining the situation of the act of causality.The second chapter introduces the legislation and the existing disputes about the exemption of liability for the act of courageousness.In this part,the author introduces the provisions on the exemption of liability for the act of righteousness in the country,analyzes its controversy over whether the "The Good Samaritan" should be exempted from liability due to gross negligence,and puts forward her own views.The third chapter analyzes the problems of the exemption rules,focuses on the problems of the exemption rules that are caused by the act of courage.Based on the above researches,this section summarizes and puts forward the issue of Article 184 of the General Principles of Civil Law on the unclear application conditions of the exemption rules for causing damage to the recipients and the unclear application of laws that cause damage to others other than the recipient.The fourth chapter proposes the perfection of the exemption rules for the damages in the acts of Good Samaritan.This part combines the analysis of the full text and the useful experience at home and abroad to make suggestions for the improvement of the exemption rules for the act of our courageous behavior in the scope of the application of the rule and the scope of the exemption of responsibility.