A Study On The Legal Issues Of 184 Emergency Relief Clauses In The Civil Code

Article 184 of the general principles of the civil law of China establishes the exemption rules for the emergency relief actor,Its purpose is to encourage and eliminate the worries of those who do it.However,Article 184 does not provide for exceptions when the salvor has gross negligence in carrying out the act.How to reconcile the conflict of interest between the rescuer and the aided person,To avoid the secondary damage of the aided person has become a difficult problem in front of the judiciary.This paper is based on people's concerns about the protection of the rights and interests of the salvors and the recipients,Using some basic theories and viewpoints of civil law to analyze and study,we hope to contribute a little to the legislation of social equity and civil related laws.This paper is divided into the following parts,the main points are as follows:1?The article of emergency assistance is faced with some practical difficulties,such as the confusion of legal system,the too large rights of rescuers and the too small rights of recipients.2 ? The legal concept of the act of emergency relief should be: "in an emergency,the person who does not have the contractual obligation personally uses a reasonable and effective way to rescue or protect the personality rights and property rights of the aided person who is about to be damaged." 3?The act of emergency rescue is not a legal act,but a factual act.It has a cross relationship with the act of emergency avoidance and the act of non cause management.It is not a relationship between one party and the other,but has its own legal nature.4?The application requirements of the emergency rescue system should be as follows: the rescuer should be altruistic subjectively,the objective condition is "urgent",the reasonable rescue behavior is adopted,and the damage is caused by the rescue behavior.5?The legal suggestions to improve the emergency relief system are considered from three aspects of justice,legislation and administration.At the judicial level,we can introduce the principle of proportionality and the management without cause of inappropriateness into practice;at the same time,we should amend other relevant systems and issue the corresponding judicial interpretation;at the administrative level,we can establish a compensation system and set up the emergency relief foundation in the common law countries.