The Compensation Obligation Ofbeneficiaries In The Acts Of Goodsamaritan

The Chinese nation has always encouraged people to make the acts of good Samaritan.As a fine tradition,the acts of good Samaritan has always deeply influenced the Chinese civilization.Whether or not to implement the acts of good Samaritan is determined by personal moral sentiment.This leads to the loss of legal remedies after implementing the acts of good Samaritan,which is not conducive to encouraging the public to promote the enjoyment of the people,nor is it conducive to maintaining the fairness and justice of the society.In recent years,the "blood and tears" of those who have made acts of good Samaritan have frequently appeared in the newspapers,causing the indifference and helplessness of the people to "have no acts of good Samaritan" and "not dare to make acts of good Samaritan".Article 183 of the General Principles of Civil Law not only responds to social concerns,promotes socialist core values and advocates good social practices,but also encourages and supports noble behaviors that help others,and prevents prevent the problem of blood and tears from the good Samaritan.This paper begins with the concept of the acts of good Samaritan,defines the elements,nature and classification of the acts of good Samaritan,and clarifies that this article explores the relief problem of the damage caused by the acts of good Samaritan.Then,through the introduction of the legislative evolution of the acts of good Samaritan,the author analyzes the relationship between the losses caused by the acts of good Samaritan and the beneficiary,and demonstrates that the losses suffered by the acts of good Samaritan person should be properly compensated by the beneficiary.Secondly,it introduces the problems arising from the application of the compensation liability of the beneficiaries in Chinese judicial practice,when the good Samaritan suffers a damage because of the acts of good Samaritan.These problems include: the identification of the beneficiary,the nature and constituent elements of the damage compensation liability to good Samaritan,the relationship between the damage compensation liability of the good Samaritan and the identification and scope of the beneficiaries 'appropriate compensation for good Samaritan.Finally,combined with the problems arising from the application of the beneficiary's compensation liability in judicial practice,the author puts forward the shortcomings in the compensation subject,compensation standard and compensation scope in China.On the basis of reference to the foreign legal provisions on the relief for damage of good Samaritan and analysis of the relevant provisions of the Anglo-American and civil law countries,the author puts forward some suggestions on the improvement of the compensation system for damage of good Samaritan in China.For example,we can learn from Japan's practice to explicitly incorporate national remedies into measures to protect the acts of good Samaritan in legislation,improve social security and unify the legal application of compensation liability.