Research On Civil Liability In Emergency Rescue

There are many events about brave acts of justice and emergency rescue that have aroused great repercussions in the society.People’s apathetic mentality and the current situation of social climate decline urgently need to improve the relevant legislation.Before the adoption of the general principles of civil law,the provisions on the civil liability for emergency relief were scattered in the general principles of civil law,the interpretation of personal injury compensation and the tort liability law [see article 93 of the general principles of civil law,Article 109 of the general principles of civil law,article 142 of the general opinions of the people’s Republic of China and Article 15 of the judicial interpretation of the Supreme People’s Court on personal injury compensation Article 23 of tort liability law.]It mainly applies to the regulations of non cause management,self-defense and emergency avoidance.In addition,the legal provisions on emergency relief are also scattered in the local laws and regulations of various provinces and cities.It can be seen that there are few unified national legislation and no system has been formed.In March 2017,the general principles of civil law was adopted,which is of great significance for emergency relief.According to Article 184 [see Article 184 of the general principles of civil law.]As we usually say,"act bravely for a just cause",the legislation innovatively stipulates that "voluntary implementation of emergency rescue act",and makes the exemption of civil liability for the damage caused by this act to the aided person.At the same time,Article 183 of the general principles of civil law [see Article 183 of the general principles of Civil Law].It also improved the menace from the rear of the emergency rescuers,which is conducive to relieving the rescuers from their worries,helping to thoroughly implement the important spirit of Xi Jinping’s general secretary’s speech and new ideas and new strategies for governing the country and politics,and promoting the social integrity,cultivating and practicing the core values of socialism.At present,the relevant provisions of the legislation on emergency relief are relatively vague,"different judgments for the same case" are not uncommon.It is precisely because of the fuzziness of the legislative provisions that the legal relationship between the relevant subjects is not accurate,but also the responsibility is not clear.Therefore,the authority of the law is discounted,and the unity of justice is also affected.In addition,according to Article 184 of the general principles of civil law,the implementation of emergency relief should also be clearly defined by law.Legislation should be adopted to grasp and measure the "degree".While the society encourages the formation of emergency relief atmosphere,the damage caused by the rescuers in this process,mainly refers to the damage caused by intentional and gross negligence,should also be paid attention to The law reminds the rescuers so as to encourage emergency rescue and reduce or even eliminate the irresponsible rescue.Theoretically speaking,there are some behaviors which are similar to the behaviors of emergency rescue in the society,but are not suitable to be identified as the behaviors of emergency rescue.In order to make an accurate distinction,we must accurately determine the behaviors of emergency rescue,including the identification of its nature and the definition of its scope,so as to make clear the applicable legal space of emergency rescue and integrate in this space Civil liability should be established.At the same time,through this kind of standard,we can provide theoretical basis for the construction of academic exchange platform.From the practical sense,emergency relief is widely existed in social practice,but it is more based on a kind of moral emotion.If it can be standardized and unified in the legislative level,it will have a stronger vitality.Through the law to better protect the rescuers,so that the losses suffered by the rescuers can be compensated and compensated,more dedicated to the rescue,so that the responsibilities of the rescuers can be exempted,more secure to carry out the rescue.On the one hand,in the form of law,the traditional virtues of the Chinese nation can be more effectively consolidated,not only for the protection of those who have already practiced the emergency rescue,but also for the encouragement of more citizens,reflecting the original intention of legislation;on the other hand,the practice of emergency rescue often accompanies the occurrence of disputes,and to improve the relevant laws is to prepare for the settlement of these disputes The judicial practice can realize the legal basis,break through the Judicial Dilemma of the difficulty of emergency rescue identification and responsibility bearing.This article mainly through the concept analysis and comparative analysis,through the analysis of the concept and nature of the emergency rescue behavior to understand the particularity of the emergency rescue behavior,and compared with the foreign related modes and regulations to improve the relevant civil liability arising from the emergency rescue behavior.The first part introduces the definition and historical evolution of the emergency rescue firstly;the second part combs the current situation of the civil liability in the emergency rescue of our country,so as to find out the deficiencies of the current law on the civil liability in the emergency rescue;the third part discusses the nature and elements of the emergency rescue from the relevant theories of the emergency rescue behavior,which is proposed in this paper In the fifth part,the author will combine the above theoretical analysis of the nature of the concept of emergency relief,legal relations and other theoretical analysis,and at the same time compare and draw lessons from the provisions of foreign countries to explore the current stage of the civil code How to improve the civil liability in the process of making emergency relief.