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The Research On The Good Samaritan's Civil Liability Of Our Country

Posted on:2020-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:S YangFull Text:PDF
GTID:2416330602958974Subject:legal
Abstract/Summary:PDF Full Text Request
Good Samaritan is a traditional virtue of the China,this is still shining today.Heroic deeds of Good Samaritan appear constantly in today's society.Good Samaritan involves multiple multiple attributes,which leads to the complexity of the consequences of it.However,in view of the current situation of unclear civil liability,unclear scope and uncertain subject,it may lead to the social status of "willing to do but not do" or "afraid to do".By defining the legal definition of Good Samaritan in detail and analyzing relevant cases,this paper illustrates the possible liability for tort and liability for damage in Good Samaritan.The feasibility of improving the present law of our country is referring foreign laws.In the construction of a harmonious society,the harmony rule of law is an indispensable part.Firstly,this paper expounds the basic theory of the civil liability system for Good Samaritan,such as concept,nature and classification,and illustrates the reference of the system by comparing it with similar systems such as causeless management,tort liability and justifiable defense.Secondly,this paper analyzes the current situation of the civil liability system of Good Samaritan in China,and reveals the deficiency and the legislation of China's law by analyzing the imperfect relief of legal rights and interests in practical cases.Finally,combined with the unique features of foreign laws,according to China's national conditions,aiming at the existing legislative deficiencies in China,put forward feasible opinions and supporting system suggestions.There hasn't got a unified system for Good Samaritan in our country.Combined with the current situation of our country,the diversified measurement of the rights is directly related to the way of the victims' compensation.
Keywords/Search Tags:Good Samaritan, Civil Liability, Damage
PDF Full Text Request
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