Research On The Nature Of Civil Law And The Application Of Law

During the five millennium's history,the traditional Chinese education has always been to promote helpful,courageous behavior.However,looking at the present state of the society in China,many words of "courageous and courageous" have been branded with many tragedies.Being brave and courageous will also cause difficulties to bearers and their families in future life,work and medical care.In recent years,as people's awareness of law has risen,conflicts between rescuers and their families and their families and their families have also escalated.With the promulgation and implementation of the "General Provisions of the People's Republic of China on Civil Law," Article 184 of which has aroused strong social repercussions.This article has also been hailed as the "good person law," and has pushed "courageous and courageous" to the climax of public opinion.The current law in China does not regard courageous as a legal concept.The research on courageous righteousness is not limited in theory or legislation,and there is no unified definition of local laws,regulations and rules.As a result,the rights and interests of those who are righteous and courageous can not be protected The result,resulting in "death" phenomenon.Prior to the promulgation of theGeneral Provisions of the Civil Law of the People's Republic of China,the civil legal claims mainly include Article 109 of theGeneral Principles of the Civil Law of the People's Republic Of China,Article 142 ofNotice of the Supreme People's Court on Issuing the Opinions on Several Issues concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China,Article 23 of the Tort Law of the People's Republic of China andArticle 15 of the Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury,In case of judicial adjudication,the court damages the salvor for its courage and courage.Generally,the tortfeasor shall bear the tort liability and then the beneficiary shall bear the appropriate compensation.After the promulgation of the "General Provisions of Civil Law",from this we can see that the state has clearly defined the responsibility of the benevolent salvor at the legislative level and paid more attention to the protection of the salvor's interests in law.This article aims to study the theoretical controversy and legislation of courageous people by comparing and analyzing the theory and legislation of courageous and brave about China and foreign countries,and combining the judgments of judicial practice cases on the "Magic Weapon of Peking University" from the perspective of Article 184 of the "General Provisions of Civil Law" The legal connotation of courageous and righteous courage aims at discovering the real needs of the society for courageous and courageous legislation and putting forward suggestions on how to perfect the courageous and brave legislation so as to provide a realistic basis for the legal changes.