Research On Liability Exemption Rules Of Emergency Rescue Behavior

It is one of the fine traditions of the Chinese nation to extend a helping hand to the victims.However,but there are also hidden risks in this process.The rescuer may damage the rights of the rescuer due to improper rescue methods and other factors,which may cause disputes.In order to encourage courage to do what is right,and to avoid "good people shed blood and tears",Article 184 of my country’s Civil Code stipulates the liability exemption rules for emergency rescue acts: the rescuer shall not bear civil liability for damages caused by voluntary emergency rescue acts.This clause completely exempts the rescuer from the legal responsibility and is called my country’s "good man law." However,there are still three problems with this clause: First,the semantics of the clause are too vague,and the basic concepts and scope of application of the constituent elements are not clearly stated.This will lead to differences in the understanding of the constituent elements of the clause by judicial professionals,resulting in unsuitable conditions.A clear problem;the second is that in judicial practice,it is difficult for judicial workers to grasp the degree of urgency and the subjective aspects of the rescuer;the third is that "absolute immunity" is adopted for the rescuer,which can easily lead to the rights between the rescuer and the recipient Unbalanced obligations.However,if the requirements for rescuers are too strict,it will reduce people’s enthusiasm to help others.How to improve this clause so that it not only encourages people’s enthusiasm to help others,but also takes into account the interests of the recipients,is the core issue discussed in this article..This article adopts research methods such as case analysis,literature reading,and normative analysis to analyze the problems existing in Article 184 of the Civil Code and make suggestions for improvement: First,analyze the constituent elements of Article184 of the current Civil Code,and combine them with relevant Discriminate the system;secondly,analyze related cases,sort out the focus of disputes,and explain the dilemma of this clause in judicial practice;thirdly,analyze the problems existing in Article 184 of the Civil Code,that is,Article 184 of the Civil Code The related expression of is too general,it is difficult to grasp the degree of urgency and subjective aspects in judicial practice,and this clause has a tendency to protect the rescuer,and it cannot balance the rights and obligations between the rescuer and the recipient,so it is unable to protect the two.Finally,it proposes to improve Article 184 of the Civil Code: firstly,clarify the basic concepts,clarify the connotation and extension of the concepts of “objective state”,“voluntary implementation of rescue behavior” and related subjects;secondly,in judicial practice It is necessary to distinguish the "urgency" to avoid inconsistency in the determination of the "urgency" in judicial practice;clearly adopt the "subjective standard" for the determination of objective conditions,that is,the "state of emergency" only needs to be met in form.The determination of subjective aspects should be combined with whether the objective behavior is reasonable under specific circumstances.Finally,there are suggestions for improving compensation measures for aid recipients.First,broaden the ways of compensating aid recipients.Because emergency rescue acts are of a public interest nature,the foundation can be used to compensate the aid recipients who have suffered damage due to the rescuer’s major negligence.Clarify the considerations required when establishing the amount of compensation.This article explains that Article 184 of the Civil Code should first clarify the connotation and extension of its constituent elements,clarify the distinction between urgency and subjective determination standards in judicial practice,and broaden the compensation channels for aided persons.1.Sacrifice the rights and interests of other entities at the expense of social benefits,so as to promote the rule of exemption of responsibility for emergency rescue behavior to play a better role,and promote the improvement of social atmosphere.Expecting to contribute to the improvement of Article 184 of the Civil Code,there are still many deficiencies in the research methods and contents.