Research On Damage Liability Of Emergency Rescue Behavior

Mutual assistance has always been a traditional virtue of the Chinese nation,and emergency rescue behavior has been praised and praised for its moral attributes.In recent years,the occurrence of all kinds of shocking hot events,all of which indicates the serious moral decline in our country.In addition to the public opinion's reprimand of social ethos,the law circle also makes some thoughts and strategies to save social ethos.On the condition that moral education has little effect on the improvement of the phenomenon,it is of positive significance to protect the rights and interests of the rescuers by legislation.Because of the urgency of its actions,emergency relief is very easy to cause damage and thus lead to civil disputes between the parties.From the general principles of civil law to the general principles of civil law,the civil liability in emergency rescue is regulated.Different parties in emergency rescue have different legal relations.The responsibility between the rescuer and the third party can be solved through self-defense and emergency avoidance.In the general part,Article 183 and 184 pay attention to the legal relationship between the salvor and the salved.They respectively give the salvor the right of claim for damages and the right of immunity from liability,which set a new stage for the protection of the salvor.However,its provisions are too general and lack of theoretical support,so its understanding and application should be strictly restricted.In this paper,the author thinks that it is still necessary to regulate the rescue behavior by protecting the rights and interests of the rescuers to encourage the rescue behavior.This paper is divided into four parts: introduction and conclusion.The first part introduces the basic theory of emergency rescue,according to the theoretical point of view,analyzes the basic connotation and constituent elements of emergency rescue,and defines the legal nature of emergency rescue as emergency management without cause;the second part puts forward problems combining the legislative and judicial situation.Focusing on articles 183 and 184 of the general provisions,this paper studies the damage caused by the salvor to the salved and the damage caused to himself.In the case of the damage caused by the salvor,the legal provisions exempt the salvor from all civil liabilities,which overstretched the rights of the salvor,resulting in the imbalance of interests between the salvor and the salved,violating the principle of equality in civil law,and at the same time,not in line with the logic of the responsibility bearing part in the provisions of self-defense and emergency avoidancein the civil liability part In addition,the semantic ambiguity of the articles easily leads to the misunderstanding of the premise conditions of the exemption application,which brings trouble to the judicial application.In the case of damage to the emergency rescuer,Article 183,which is applied by the rescuer to seek the right relief,has not made clear the consideration factors of the scope of the beneficiary,the scope of the beneficiary's compensation,and how to determine the order of the non cause management clause in the judicial application.At the same time,only relying on the beneficiary to bear the compensation responsibility makes the rescuer face the dilemma of unable to fill the loss;the third part is about the second part The fourth part puts forward suggestions to improve the legislation.In view of the exemption clause of emergency rescue,it is necessary to clarify the applicable conditions,and make clear in legislation that the rescuer does not enjoy the exemption right under gross negligence,and refine it with judicial interpretation.Based on the independent value of the salvor's action,the priority of Article 183 is highlighted,and a diversified relief mechanism is proposed to protect the rights and interests of the salvor.