| A courageous act is an act that takes personal life and death and interests aside,dares to resist various illegal and criminal acts,or protects the legitimate rights and interests of others and national interests by means of saving people,emergency rescue and disaster relief,so as to ensure the effective protection of their personal safety or property safety.Different from self-defense and emergency risk avoidance,courageous action is usually regarded as a special management without cause.Because the courageous act meets the requirements of the socialist core values and deserves to be encouraged,the courageous act can enjoy a number of basic rights and interests at the legal level,including the right to claim compensation for the infringer,the right to claim compensation for the beneficiary,the right to immunity from liability of the courageous act,the right to claim social security,etc.At this stage,China mainly protects the legitimate rights and interests of courageous people according to criminal law,administrative law,civil law and other levels,which work together.It is of great significance to strengthen the private law protection of the rights and interests of courageous people,help to obtain timely and sufficient relief for the legitimate rights and interests of courageous people,help to reduce disputes in courageous cases,and balance the relationship between rights and obligations of multiple parties.The promulgation of articles 183 and 184 of the civil code is a significant progress in the private law protection of the rights and interests of courageous people in China.However,in practice,there are some related problems,such as unclear beneficiaries,imperfect compensation mechanism,too careless provisions on liability immunity,unclear ancillary rights of courageous people and imperfect matching system.These problems are not conducive to the development of courageous people and the protection of the basic rights and interests of courageous people.China can learn from the relatively mature experience of foreign private law protection of the rights and interests of courageous people,and improve the private law protection system of the rights and interests of courageous people by clarifying the scope of beneficiaries,perfecting the beneficiary compensation mechanism,refining the rules of liability exemption and clarifying the subsidiary rights of courageous people.This paper is divided into six chapters: Chapter 1 makes a comprehensive discussion on the topic selection,research status at home and abroad and how to study this problem;Chapter 2 distinguishes the basic connotation of "courageous action" and its confusing legal concepts,and defines the nature of courageous action;Chapter 3 summarizes the basic rights and interests of courageous people,and expounds the current situation of legal protection of the rights and interests of courageous people in China;Chapter 4 analyzes the value of private law protection of the rights and interests of courageous people,and puts forward the dilemma of private law protection of the rights and interests of courageous people combined with the current judicial practice;Chapter 5 makes a comparative study of the development history and relief ways of the private law protection of the rights and interests of the overseas courageouss,and intends to learn from the successful experience of the United States,Britain,France and Germany to promote the improvement of the private law protection of the rights and interests of the courageouss in our country;Chapter6,based on China’s national conditions,puts forward targeted suggestions on the improvement of the private law protection of the rights and interests of the courageous. |
