A Study On Civil Liability Of The Righteous Behavior

Articles 183 and 184 of the civil code of China,as the latest provisions of the "good man law",respectively stipulate the right to claim damage and the reasons for exemption of those who do justice.The provisions of the above provisions carry forward social justice,safeguard the rights and interests of people who do good deeds,and to a certain extent improve the indifference of "not doing what is right and difficult to do what is right" in society.However,these provisions still have some problems in the process of judicial application,such as unclear concept definition,vague boundaries,and difficult to operate in practice.The author hopes that through the research on the problems of civil liability for righteous acts in our country,we can make up for the deficiencies of legal regulation through judicial interpretation and other means as far as possible,in order to better achieve the purpose of legislation,so as to speed up the construction of an honest,mutual aid,United and friendly harmonious society.In addition to the introduction,this paper is divided into three parts.The first part mainly defines the concept of righteous acts.First,it discusses the legal nature of righteous acts from the perspective of civil law,and analyzes the constituent elements of righteous acts;Secondly,by comparing the similarities and differences between righteous acts and management without cause,it is concluded that both management without cause and management without cause belong to factual acts,both of which do certain acts for the rights and interests of "others",and there is no relevant obligation,and the management without cause belongs to a kind of management without cause,which belongs to special management without cause;Finally,the author analyzes the civil liability in the act of righteousness.The author believes that the civil liability of the act of righteousness includes: the civil liability between the act of righteousness and the infringer,the beneficiary,and the third person.The second part expounds and analyzes the problems existing in the judicial application of civil liability for righteous acts,and believes that it mainly includes two aspects: the assumption of the compensation responsibility of the beneficiaries of the victims of righteous acts and the exemption of the relief of the victims of righteous acts.The third part discusses the suggestions to improve the civil liability regulation of righteous acts.In view of the compensation liability of the injured beneficiaries of the people who have done good deeds,the following suggestions are put forward: clarify the identification of the beneficiaries,advance the national administrative compensation and social insurance system, determine the scope of compensation of the beneficiaries,and stipulate the right of recourse against the infringer after compensation.Suggestions for improving the exemption of the aided person’s damage caused by improper rescue: it is clear that the exemption of the aided person is limited to general negligence,and when the aided person’s original damage is expanded or newly increased due to intentional or gross negligence,the aided person should compensate for this part of the damage,and when the compensation ability of the aided person is insufficient,The social responsibility fund for righteous acts shall compensate the recipients;Secondly,we should respect the willingness of the recipients to refuse assistance;Finally,the principle of proportionality is invoked to regulate the relief measures for people who are brave in doing justice.