Research On Exemption Rules For Emergency Rescue Behavior

Righteousness and benevolence is the virtue of traditional Chinese which has been handed down from age to age.In this new era,it is the key element when referring to socialist core values.However,the changing world has witnessed so many contrasts and obstacles,and the contradictions in many aspects are prominent.It has a certain impact on social trust and moral order.It is more prominent in the problem of helping others.Rescuing others may bring "hero bleeding" effect.Tears again,helping others may even result in a money loss activity.Thus,the society is becoming indifferent.How to curb moral decline and reshape social trust has become a social problem that needs to be solved urgently.Article 184 of the General Principles of Civil Law first established the exemption rules for emergency relief in the form of national legislation.It is a positive response to this issue.It has positive epochal significance and safeguards the interests of rescuers to a certain extent as well as promoting the core values of socialism.However,there are still some problems in the system.The exemption of the rescuers may lead to imbalances in assistance and protection,inconsistencies in rights and obligations,and conflicts between the prisoners and the order.This article will focus on this point.This essay contains an introduction and a conclusion as well as the main body which can be divided into four parts:The first part is an overview of the exemption rules for emergency assistance.In this part,the author first discusses the concept and characteristics of emergency rescue behavior.Secondly,regarding the legal attributes of emergency rescue behavior,there are mainly three theories of "contractual behavior theory","legitimate defense,emergency risk avoidance" and "no cause management theory".The author gradually clarifies its comparison through comparative analysis.The legal nature of“no cause management".Finally,the author further defines the four components of the rescuer's need to be a natural person,the objective condition is“emergency”,the rescuer has altruistic meaning and“voluntary implementation”,“rescue behavior”and causality.The second part is the value analysis of the exemption rule of emergency assistance behavior.In this part,the author first expounds its realistic basis and legal meaning,and discusses its necessity and positive significance in theory and practice.After further explanation and thinking,the author thinks The system may be facing difficulties,mainly in three aspects:one is the imbalance that may lead to rescue and protection;the other is because the provisions give the rescuers too much freedom,and to some extent have an impact on the integrity of the legal system.Third,there is a certain difficulty in its application.On the one hand,the definition of emergency assistance in Article 184 of the General Principles of Civil Law is not clear enough,giving the judiciary too much discretionary space,on the other hand,it may be applicable to the management of non-causal management.Problem.The author uses reasoning and using relevant cases to reveal the limitations of the exemption rules.The third part is the extraterritorial "emergency assistance behavior”legislation and its enlightenment to China.In this part,the author analyzes the relevant legislation of“emergency assistance behavior" in some countries and regions of the two major legal systems,and concludes the experience.From the perspective of legal investigation,we seek a possible path for improving the exemption rules of our emergency rescue behavior.The fourth part is the perfection of the exemption rules for emergency assistance in China.On the basis of the related discussions in the previous article,combined with the experience of China's national conditions and comparative law,the author perfects the improvement of Article 184 of the General Principles of Civil Law and other related systems.At the relevant levels,relevant suggestions are proposed to provide some reference for legislation and judicial practice.The author suggests that the legislation should further clarify the criteria for determining the emergency rescue behavior.The emergency relief behavior exemption rule should hold the limit exemption position,that is,the subjective state of the emergency rescuer should be limited.In addition,the judicial system of the“disclaimer rule”should be defined and standardized.It is determined that it is better to implement the 184 guarantees such as social security system and reward mechanism.