On The Liability For Damage Caused By Good Intentions

Since ancient times,the act of good intention has played an important role in promoting mutual trust and harmonious atmosphere of society in our country.Its behavior does not have legal meaning and is attributed to moral regulation.In recent years,with the development of our society,the cases of damage caused by good intention often occur.However,due to the lack of legislation in our country,the parties in good intention will not consider the consequences of bearing the responsibility.In practice,they have applied other legal provisions or quoted the basic principles to deal with by analogy,resulting in the inability to define the responsibility of both parties,and caused new problems,that is,how to evaluate well Act of freewill? How to identify and divide the liability for the damage caused by this special act? Through four levels,this paper distinguishes the difference between the act of good will giving and other acts,then summarizes the elements of the damage caused by the act of good will giving according to the case,analyzes the principle of liability fixation,distribution and relief,and finally,based on the actual situation of our country,puts forward specific suggestions,in order to deal with the disputes caused by ordinary social behaviors,draw the boundaries between law and morality,clarify the responsibility sharing and maintenance We should protect the interests of both sides and do our part to promote the improvement of China's legal system.