Study On The Civil Law Protection Of Rights And Interests Of Good Samaritan

Seeing righteousness and courageous behavior has always been the positive energy advocated by the society,so the protection of the rights and interests of people who have seen the courageous action should also receive more and more attention.Although regulations or measures for the protection of the rights and interests of the Good Samaritan to do so have been formulated in various parts of the country,the regulations vary from place to place and are not uniform.The General Principles of the Civil Law of the People's Republic of China for the first time gave a legal response to the act of the Good Samaritan,in the form of legal provisions,it clearly stipulates the protection of the rights and interests of those who are courageous,that is,Articles 183 and 184 of the General Provisions of the Civil Code.These two legal provisions has great progress in protecting the rights and interests of the Good Samaritan,and it also plays an important role in encouraging behavior that is willing to be brave and advocates positive energy in the society.However,due to the principle provisions of the Civil Code,there are some problems in the judicial operation,it leads to The rights and interests of the Good Samaritan are not adequately protected,personal,material,and spiritual damages are not fully compensated for,and there is also a phenomenon of "dare not to do what is right" in society.We need to pay attention to and discuss the shortcomings of the courageous and brave people in the protection of civil law,and explore truly effective legal solutions.The purpose of writing this article is to provide more comprehensive protection for the rights and interests of those who are courageous by improving relevant laws and supporting systems.The writing idea of this article is to clarify the progress of the Civil Code.At the same time,according to the problems in judicial practice,find out the deficiencies of the relevant regulations,combine the rights and interests of the courageous and learn from successful legislative experience abroad,and finally solve the problem.There are five parts:The first part is about see analysis of Civil Code protection for the Good Samaritan.Contrasts and explains the progress of the Civil Code,Article 183 stipulates the right to claim damages from the infringer and the right to claim damages from the beneficiary.It does not set the beneficiary's compensation scope within the beneficiary range and gives more possibilities for the righteous.;Article 184 clearly stipulates that when the rescued person is damaged due to the implementation of the rescue behavior,there is no need to bear civil liability for being righteous.Then point out the operational problems at the applicable level through judicial cases,and mainly discuss the following four issues: the scope of the beneficiaries is not clear,the compensation standards are not clear,the protection of the righteous is not clear when the third party is damaged due to the rescue behavior,and the general principles of civil law Protection of unity.The second part is about analysis of the special claim right for the protection of the rights and interests of the civil law protection of the Good Samaritan.Analyze the special claim right,including the applicable conditions and realization of this right.It is clarified that there are four applicable conditions for this right: subject condition,purpose condition,time condition,and result condition;in the realization part,it analyzes how to choose the right to claim for damage compensation and the right to request for causeless management.The third part is to improve the legislation of civil law protection for the rights and interests of the Good Samaritan.Based on the first three judicial application issues raised in the first part of this article,theoretical analysis and reference to relevant foreign legislative experience are used to improve Articles 183 and 184,and operable suggestions are obtained,that is,the scope of the beneficiary and the appropriate compensation through judicial interpretation.Standards and perseverance are the relief of civil liability for third party damage caused by negligence.The fourth part is to improve the supporting system of civil law protection for the rights and interests of the Good Samaritan.According to the analysis of the fourth question raised in the first part of this article,it is recommended to link the protection of the righteous and brave to the fund compensation,social security system,commercial insurance system and proof system,so as to improve the civil law protection of the rights and interests of the Good Samaritan.The fifth part summarizes the full text and draws conclusions.