On Civil Law Protection Of The Rights And Interests Of Righteous Behavior

Righteous behavior has always been expected by the society and law.When the party is in danger and cannot get help,the righteous behavior actor often plays a crucial role.However,in real life,due to imperfect legal protection and inadequate post-disaster relief,many Good Samaritans are unable to get compensation for their own rights and interests damaged after the implementation of the rescue,in order to better protect the legitimate rights and interests of the Good Samaritans,exempt the doer from worries,the legislative protection of the rights and interests of the doer is very important.Firstly,this paper expounds the concept,characteristics,nature and civil legal relationship of righteous behavior and by comparing the civil law system with the Anglo-American law system,the shortcomings of the legislation on the protection of the rights and interests of righteous are found.Then it put forward suggestions for improvement from angel of the standard of compensation mechanism,the applicable scope of exemption clause of righteous behavior,and the establishment of the right of compensation claim.The relevant contents of the compensation mechanism are sorted out,and the scope and order of beneficiary confirmation are summarized.It classifies the subjects who bear responsibility for the damage to the rights and interests of innocent third parties and further regulates the exemption clause in the general provisions of civil law.Finally,the paper points out the necessity and feasibility of establishing compensation claim right in China by referring to the specific content of establishing compensation claim right abroad.On the basis of the current general provisions of civil law and relevant laws and regulations,in-depth and systematic research and analysis on the protection of the rights and interests of righteous behavior doer will reduce the legal risk of actor,and promote the implementation and improvement of relevant laws and regulations.