A Study On The Protection Of Good Samaritan

As a part of the core of Chinese national culture,good Samaritan has been used as the law to consolidate the rule since the feudal period of the unification of etiquette and law.In the modern legal system,article 183 of the general provisions of the civil law provides for VFF,but it only provides for the damage of the VFF doer.Among them,the compensation responsibility of the beneficiary is not clear,which directly leads to the problem of application in judicial practice.Moreover,there is also a correlation between VFF and non-cause management,justifiable defense,emergency avoidance and other systems.Only by determining the legal nature of VFF and its relationship with relevant legal systems can VFF be incorporated into the current civil legal system.At the same time,with the protection of good Samaritan as the center,the legal relations among various legal subjects were analyzed,and the existing problems were incorporated into the current legal framework to solve,so as to maximize the protection of the interests of good Samaritan as a reasonable premise.This paper is divided into three chapters.In chapter one,by sorting out the current legal norms of VFF and combining with the problems in judicial practice,the deficiencies of VFF protection are obtained,which are mainly due to the unclear liability of appropriate compensation for VFF beneficiaries and the unclear relationship between VFF and other legal norms,leading to the differences in the application of laws.In chapter two,the constitution of VFF is obtained from the definition of VFF in various local and academic circles,and the civil law nature of VFF is analyzed.VFF belongs to causeless management both in terms of constitutive requirements and value orientation.By analyzing whether VFF has the value of independent existence,the VFF system can well balance the interests between the VFF actor and the beneficiary,and the attitude of the Supreme Court in the opinion of the people,it can be seen that VFF has the meaning of independent existence.This paper analyzes the relationship between voluntary felon-fighting and legitimate scope and emergency avoidance.The third chapter analyzes the civil legal relationship among the civil subjects in VFF and puts the problems into the current legal framework to solve them.Focusing on VFF,this paper discusses how to solve the problem of VFF victimization and how to solve the problem of VFF victimization.At the same time,this chapter aims at the concrete implementation of the VFF system,that is,the specific measurement of the beneficiary's appropriate compensation obligation.A dynamic measurement mechanism should be established to take the beneficiary's benefit,the economic situation of the party concerned and the local development level as factors.At the same time,the multi-language relief mechanism is established in order to better protect the VFF.