Research On Exemption Of Liability For Damage To Recipients Caused By Voluntary Emergency Rescuers

Article 184 clause establishes the exemption for righteous actions and demonstrates the law that supports "good people".Goodwill is conducive to helping the social atmosphere,embodies the tolerance and encouragement of voluntary emergency relief behaviors in legislation,and greatly boosts the public's confidence in doing what is right.The legislation finally deleted the non-exempt proviso clause of "significant negligence" to show that the legislators fully supported the emergency rescuer.However,the actor who caused the damage will be completely exempted from liability.Moreover,this does not conform to the experience of comparative law,nor does it conform to the tradition of the Chinese legal system.Voluntary emergency rescue behavior is a special causeless management.If the actor of emergency management is subjectively grossly negligent,exempting him from responsibility will undermine the internal logic of the legal interpretation system and violate the general legal principle of "management does not hinder but violates the law".It is feasible to make a comparative interpretation the intention of "the management method is not good for the person",then his behavior is not a causeless management,but a tort.Voluntary implementation of emergency rescue behavior is a noble moral behavior,and it should be protected with higher standards,so that the rights and interests of the rescuer and the recipient are better balanced and protected,and the civil law advocates Spirit of fairness.Voluntary emergency rescue behavior deserves encouragement,but it cannot be exempted from the duty of care for one's own behavior in the rescue process.The application relationship with Article 981 constitutes a concurrence of claims.In the case where the actor has gross negligence,Article 981 of the "Civil Code" shall be applied Standardize and regulate the parts that exceed the necessary limits,so as to improve the exemption system for voluntary emergency relief behaviors,so that the system of legislation can be reflected.