Font Size: a A A

Study On Responsibility Of Compensation For The Beneficiaries Of Braves Righteously

Posted on:2020-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:P YouFull Text:PDF
GTID:2416330602458429Subject:Law
Abstract/Summary:PDF Full Text Request
From ancient times to the present,the act of bravery and righteousness is a bright pearl in the long-standing spiritual civilization of the Chinese nation,which is highly praised and praised by the world.However,with the continuous development of society,there are numerous conflicts and contradictions caused by acts of courage and righteousness,which has aroused heated discussions from all walks of life.This reflects the shortcomings of the relevant system of the act of bravery for justice in China,and the shortcomings of the remedy of the rights of those who act bravely for justice.It is urgent to improve the relevant legal system and protect the legitimate rights of the perpetrators.The beneficiary's compensation responsibility constitutes an important aspect of the right relief for the brave actors,and is an important way to protect their rights after the rights of the brave actors have been damaged.Therefore,it is of great urgency to study the related issues of the compensation responsibility of the beneficiaries and improve the legal system.Starting with the concept and legal nature of the act of righteousness,this paper analyses the current relevant provisions and shortcomings of the compensation liability for the beneficiaries of act of righteousness in China,and then puts forward some suggestions for improving the compensation liability of the beneficiaries of act of righteousness in China.The introduction of this paper mainly introduces the reason and background of the topic,the significance of the study,the main problems to be solved in this paper and the research methods.The main body is divided into four parts.The first part mainly introduces the basic concepts of the act of valiant act and the compensation responsibility of the beneficiaries,draws the author's definition of the act of valiant act and the compensation responsibility of the beneficiaries.According to the view of the academic circles on the theory of the management of the act of valiant act without cause,it is clear that the act of valiant act should be a special kind of emergency negotiorum management,and puts forward that the act of valiant act can also be established in good faith Ren's characteristics.The second part mainly introduces the applicable conditions and imputation principles of the compensation liability of the beneficiaries.Analyse the applicable conditions of the beneficiary's compensation liability,and put forward their own views on the controversial points.This paper briefly introduces the main imputation principles of our country,and demonstrates that the beneficiary's compensation responsibility belongs to the principle of fair liability.The third part mainly introduces the definition,characteristics and applicable conditions of liability for beneficiary compensation.This paper analyzes the present situation of beneficiary under fined compensation liability in our country at the national and local level,and puts forward the deficiency of beneficiary under fined compensation responsibility in our country.For example:the lack of a unified definition and identification standards of justice,the principle of beneficiary compensation liability,the nature of the unclear,compensation legal relationship subject is not specific,compensation standards,scope and compensation order difficult to define,and so on.The forth part is mainly aimed at the deficiency of beneficiary under fined compensation liability in the second part,and puts forward some suggestions to improve these deficiencies.For example,at the legislative level,the State Council first formulated a unified national administrative law and regulations,clearly defined the legal concept and standards of justice and courage,and allowed the local laws and regulations of each province to be regulated by the Superior Law.Avoid the occurrence of the phenomenon of "the same case and different sentences" all over the country.At the same time,it is pointed out that there should be no sequence between beneficiary compensation and infringer under fined compensation,delineate the scope of beneficiary who bears compensation liability,and clarify the principle and scope of compensation liability of beneficiary at the same time.Finally,the conclusion part.This paper mainly introduces the shortcomings of this paper in the process of writing and prospects for the future of our country in the compensation responsibility for the beneficiaries of justice.
Keywords/Search Tags:Bravery, Beneficiary, Liability for Compensation
PDF Full Text Request
Related items