Research On The Emergency Relief Exemption Mechanism

The emergency relief liability exemption in Article 184 of the “General Principles of Civil Law ” refers to when the rescuer encounters someone in a critical situation and actively helps others to ask for difficulties and reduce or reduce the damage of others.The main purpose of the formulation of this clause is to eliminate the concerns of the rescuers and encourage people to take the initiative and enthusiasm for mutual assistance.Emergency assistance itself is a behavior with both legal and moral attributes.In today's social morality style,it is difficult to encourage people to actively implement rescue behaviors through ethical evaluation,and to formulate specific legal provisions through legislation to help others.After the rescue,no matter what the consequences of damage,the responsibility is fully exempted,to achieve the purpose of supporting social justice.This is understandable.However,I believe that the law is different from morality after all.The law is more coercive than morality.The social effects or consequences caused by the legal provisions are far-reaching.Therefore,the formulation of the law should be more comprehensive and detailed,and it is impossible to formulate a clause with a balance of interests.This partiality of partiality protects the rescuer's feelings as he or she does,and does not perform the necessary duty of care.The behavior often leads to legal irrationality.The imbalance of interests between the two will be reflected in the final result,and the rescued will often not get the relief they deserve,and sometimes even cause more damage.Voluntary plus full exemption of the structure of the responsibility,because the subjective state can not be determined,the law provisions are very likely to be used by the wicked,to become a safe haven to escape the legal punishment.When a judge applies a legally ambiguous and legislative loophole in the trial of a case,it often results in different judgments in the same case,and is not conducive to the realization of the legislative purpose of the provision,and it will also harm the judicial credibility.This paper intends to use a variety of research methods,such as comparative analysis,to analyze domestic legislation,judicial practice and cases,and to propose various issues that are likely to arise in the future application of the provisions for emergency relief liability exemptions.Drawing on the mature practices of the good Samaritan legislation and other related aspects,such as distinguishing the degree of negligence in exempting the rescuer's responsibility,the light negligence gives full responsibility for exemption;the gross negligence or deliberately cannot fully exempt the responsibility,can only alleviate.Finally,from the relevant legislation on emergency assistance in China,judicial practice,the balance of interests between the rescuer and the rescued person,the author gives personal advice,in order to make the emergency assistance clause play its due role,promote people's moral improvement,social harmony and stability.