On The Defects And Perfection Of China's Good Sacmaritan

In recent years,tragedies caused by unassisted help have occurred from time to time.The General Principles of the Civil Law regulates good Samaritan in a timely manner in the form of law,and encourages courage.Although the legal response is positive and timely,in view of the fact that China's good Samaritan is in its infancy,there are institutional defects that need to be further improved.This article mainly discusses the improvement of China's good Samaritan through four parts.The first part is an in-depth analysis of the current state of legislation in China's good Samaritan.This part begins with the historical evolution of China's good Samaritan,and clarifies the development and evolution of the good Samaritan at different stages.On this basis,by judging existing laws and regulations and scholars' research to define the meaning and constituent elements of good Samaritan,and then comparing various theories,the legal nature of good Samaritan should be urgent and causeless management.The second part examines the legislative experience of the good Samaritan in extraterritorial countries and provides a reference for the improvement of China's good Samaritan.This part mainly compares the provisions of the two major legal systems in the three aspects of the general assistance obligation,the rescuer's damage relief and the rescuer's liability exemption.It is concluded that the exemption of the rescuer cannot be infinitely magnified,and the damage to the rescuer should be filled as much as possible.The relevant supporting system should be improved and perfected.The third part summarizes the problems and shortcomings of China's good Samaritan.This part mainly through comparative analysis,case analysis and other methods,summed up the emergence stage of China's good Samaritan,both in the legislation,the rights and obligations are not equal,the legal provisions are not uniform,the subjects are unfair,and there are judicial people in the judicial The scope of the exemption is too wide,the compensation standard is not clear,and the supporting system is not perfect.The fourth part is the perfect proposal for the good Samaritan in China.This part of the content,in view of the various issues raised in the previous article,explores the specific solution path and method,and proposes to amend Article 184 of the General Principles of Civil Law as soon as possible in order to quell disputes.Judicial interpretation will be issued as soon as possible in the judicial system,and correct guidance will be provided for the judicial practice by restricting the exemption of liability and clarifying the compensation standard.At the same time,it is proposed to improve the relevant supporting system.