Research On China's Emergency Relief System

Emergency relief refers to the act of helping people out of danger when they are in a critical situation without legal or agreed obligations.The general provisions of the civil law only provides for the beneficiary's compensation liability and the salvor's exemption from liability for damage caused by emergency relief in two articles,which obviously cannot effectively protect the rights and interests of the salvor,so it needs to be further improved.Emergency relief,on the one hand,is an act of assistance for altruistic purposes,and on the other hand,it is also a duty of protecting citizens' rights and interests on behalf of state organs in certain emergency situations.Emergency relief can only be carried out by natural persons.Legal persons and unincorporated organizations are not the subject of emergency relief.Emergency relief can only protect the rights and interests of natural persons,and the rights and interests of legal persons and unincorporated organizations are not included.In the emergency relief,the legal relationship of emergency relief is formed between the salvor and the recipient.At the same time,the salvor may cause damage to the infringer or the third party due to the emergency salvor,thus resulting in the tort legal relationship.If the salvor can obtain compensation from the infringer for the damage suffered as a result of the emergency rescue,the beneficiary may assume certain compensation liability as a reward;If there is no infringer,the infringer escapes or theinfringer is unable to bear the liability,the beneficiary shall bear the appropriate compensation liability,and the scope of compensation liability shall be based on the actual loss suffered by the salvor.In the general provisions of the civil law,the practice of the exemption of salvors' liability for damage has disadvantages.On the one hand,the exemption of salvors' liability will destroy the balance of rights and interests between salvors and recipients.On the other hand,it may lead to the phenomenon of tort under the guise of emergency relief.Therefore,the exemption of salvors' liability should be appropriately limited: the salvors' liability for the damage caused to the recipients by general negligence should be exempted in accordance with the legislative intention;The salvor shall not be exempted from liability for the gross negligence that causes far more damage than the recipient might otherwise suffer.Where the liability caused by the salvor to the infringer or to a third party is consistent with the liability for justifiable defense or emergency avoidance,the salvor shall be exempted from the liability resulting from the salvor's act of salvage within the necessary limits;Where the act of salvage exceeds the limit of necessity and causes undue damage,it shall bear appropriate responsibility according to a certain proportion of the damage.At the same time,it is necessary to establish a national compensation system and set up a more comprehensive emergency relief fund,so as to encourage the implementation ofemergency relief,and to protect the vulnerable recipients.