On The Protection Of Civil Law For Those Who Stand For Justice

Doing boldly what is righteous is our traditional virtues advocated and promoted by our country and it has always been highly praised and appreciated by the people.However,with lots of happening of the "bleeding and tearing of heroes" incident,more and more people are afraid to implement bravadoes feats more easily.The fundamental reason lies in the fact that the existing laws still have a lot of loopholes in protecting the volunteers.The legal relationships arising from the feats of doing boldly what is righteous are complex and there are many conflicts of interest among the subjects.Only by improving relevant legal systems can the rights and interests of brave men and women be better protected.This article starts from the perspective of civil law and conducts theoretical research on the protection of these heroes who do good things.It seeks to find effective ways to protect those heroes,and eliminate the worries of them.This article is divided into four parts:The first part is the introduction of the article.This section summarizes the damage caused by courageous behaviors by people who do boldly what is righteous through case analysis.The main types are beneficiaries' extortion claims,ineligible behaviors,and damages that do not receive full compensation.The second part gives a systematic overview of bravery.This section clarifies the bravery and constitutional elements in this article by combing the wisdom from ancient law,the courage in existing laws and regulations,and scholars' related research.The subject of righteousness must be a natural person and cannot define and contractual obligations and what it protects is the interests of others.The third part elaborates the nature of civil law that is justifiable in detail.At present,the civil law doctrines of doing boldly what is righteous are mainly related to contractual relations,prevention of infringement,non-management,proper defense,emergency hedging,and administrative assistance.Among them,no management theory is the general theory of the academic community.Scholars generally believe that doing boldly what is righteous belongs to a higher level of no-cause management,and both of them have common elements in their constituent elements.Based on this theory,this article analyzes the connection between courageous and non-discipline management.In the case of non-infringement,people who do boldly what is righteous can rely on the management of the beneficiary to bear the appropriate compensation responsibility.The fourth part is the key part of this article.This section elaborates the harm of the brave hero caused by the rescued person who is rescued by this hero.These brave heroes can be exempted from civil liability in accordance with Article 184 of the General Principles of the Civil Law to avoid harm and defend themselves.The harm caused by the infringer can be protected according to the emergency defense system and the legitimate defense system to protect their legal rights and interests.Emphasis was placed on the issue of the protection of victims.If personal or property rights suffer from harm,the responsibility should be undertaken by the infringer under Article 183 of the General Principles of Civil Law.Where there is no infringer or infringer fleeing or incompetence to compensate,the beneficiaries should take responsibility for appropriate compensation.Those who do boldly what is righteous are claimed to compensate can protect their rights according to Article 120 of the General Principles of the Civil Law and Article 150 of the "Mintong Opinion".The innovation of this article:Through the research of scholars,foreign relevant legislation and my own analysis,I put forward some of my own thoughts on the improvement of legislation from the perspective of civil law:First of all,increasing the guarantor system in the existing regulations is in order to reduce the blackmailed phenomenon of the heroes and eliminate the worries of those who would want to do good things;secondly improving the national compensation responsibility system is in order to solve the situation that those heroes can not get enough compensation;thirdly,the law should improve the beneficiaries' proper compensation system and specify the beneficiaries' compensation scope so that those who do good things can try to avoid the harm;at last,We should improve the system of compensation claims for the brave and brave people,and by establishing the right of remuneration,we can encourage the implementation of the action of the brave to form a good social atmosphere.