Esearch On The Responsibility Of The Good Samaritan

the Good Samaritan,as a noble ethical behavior,provides great spiritual strength for modern society.However,due to the lack of national legislative protection and some local laws and regulations vary in standards,it is difficult for Samaritan to get adequate legal protection.The Samaritan physical,material and spiritual damage can not be remedied.All kinds of chaotic phenomena in the reality make people lament seeing and not doing".It is imperative that us to pay attention to and discuss the shortcomings of Samaritan in legal protection and explore effective legal solutions.This paper starts from the conceptual recognition of voluntary felon-fighting,analyzes the current theoretical and practical conditions of the Good Samaritan,and discusses the existing problems such as unscientific,disunity and imperfect standards in the Good Samaritan.On this basis,the constitutive elements of Samaritan are analyzed one by one,and the identification conditions such as no statutory or agreed obligation,natural person,altruistic behavior,active action and certain risk are proposed.Finally,the author puts forward the concept of the Good Samaritan.When the rights and interests of others are damaged,a natural person who has no legal obligation or contractual obligation take practical actions at the risk to provide emergency assistance to the rights and interests that are being damaged.After defining the concept and elements of the Good Samaritan in the first part,the second part mainly discusses and analyzes the civil liability for damage caused by the Good Samaritan.Firstly,this part expounds that the damage caused by the Good Samaritan can be divided into three categories:the damage caused by the rescued,the damage caused by the infringer and the damage caused by the third party.Then,on this basis,to promote and protect the enthusiasm of the Good Samaritan,the author puts forward the Samaritan should be enjoyed limited immunity from civil liability.The three major elements of exercise of limited exemption of civil liability are clarified,namely,taking the damage caused by the actor's negligent act as the limit scope,taking the existence of emergency as the prerequisite factor,and taking the actor's altruism as the necessary condition.Finally,it analyzes the specific application of limited civil liability exemption in the above three cases,and clarifies the responsibility sharing mechanism of the infringer,the saved and the Good Samaritan.The third part mainly discusses the damaged compensation liability of the Good Samaritan.Firstly,this part analyzes the legal nature of the liability for damages of the Good Samaritan.lt is a special right of claim based on gratuitous and altruistic the Good Samaritan.On this basis,the author discusses the obligees,the responsible persons and the scope of liability for damages one by one.The direct personal and property damage of Samaritan can be included in the scope of right claim by obligees,but the indirect and mental damage are excluded.Finally,it discusses the principle and path of the damaged compensation liability.The infringer should be the first to compensate.In the case that the non-infringer or the infringer has no ability to compensate,the beneficiary shall compensate within a certain standard.In the end,the state will guarantee the bottom of the pocket.At the same time,the four principles of full compensation,multiple guarantees,advance compensation and subrogation are clarified.The fourth part mainly discusses the responsibility that should be borne by"seeing and not doing".The first half analyzes the necessity,feasibility and effectiveness of the criminalization of "seeing and not doing".It suggests that it is not advisable to regulate "seeing and not doing" by criminal law.The second part mainly discusses the tort liability of "seeing and not doing".Firstly,it expounds the theoretical basis of the tort liability of "seeing and not doing".Then,it analyzes the four major elements of tort responsibility of "seeing and not doing" one by one.It is made clear that "seeing and not doing" conforms to the four major elements of tort liability and should bear certain tort liability.Finally,the author briefly discusses the types,modes and exemption causes of the tort liability of "seeing and not doing".The fifth part mainly discusses the specific situation and legal relief of "the Good Samaritan against being framed".Firstly,this part expounds the specific situations in "the Good Samaritan against being framed".there are cases where the saved person deliberately framed the actor to obtain compensation,the saved person mistakenly identified the infringer,and the infringer evades responsibility under the name of the Good Samaritan.Secondly,in view of the above problems,the main principle of judgment of Samaritan is put forward.That is,the principle of "whoever claims,the burden of proof',the use of free evidence should be especially cautious,and the court mediation system should be carefully used.Thirdly,it discusses the legal nature of the rescued person deliberately framing the Good Samaritan and makes clear the legal responsibility that should be borne.Finally,it is suggested that we should strengthen the legal aid to the Good Samaritan to protect actual rights and interests.