Legal Studies On "Ready To Help Others For A Just Cause Action"

Ready to help others for a just cause action is the traditional Chinese virtues. In the past, people evaluate it from thinking and moral.Few from a legal analysis and research.However, moral only give spiritaural compliment,can't solve their damage compensation,protection of disability,medical and family allowances,incentives and other substances.This often leads to "Heroic bloodshed also in tears". In recent years,The cases caused by ready to help others for a just cause action were increasing,But the lack of judicail practice brought a lot of inconvenience.Therefore,â… believe that it is necessary in depth study and analysis from legal right on ready to help others for a just cause action,to fully protect the people's legitimate rights and interests.This paper is divided into four chapters.The first chapter is from a legal point to define ready to help others for a just Cause action,and specific analysis of the four conditions that constitute this ready to help others for a just cause action: First,the actor is natural person.Second,there is no statutory or contractual obligations.Third,The behavior is to protect the country or collective or the interets of others.Forth,The person acted jeopardy salvation which with personal fatalness,includingthe fight againest crime and rescue these two acts.Combining the analysis of concept and constitution, Chapterâ…¡from Civil Law and Administraton Law discussed the attributes of this ready to help others for a just cause action,to find the precise location and scope of the adjustment into law, so as to provide a basis for codices redress.Among the things,This chapter emphasizely present and analyze several theories of the action character by our country civil law group. Summing-up: ready to help others for a just cause action is one type of supervise without cause,meantime,it's difference from general supervise withut cause,it also has its particularity. From the view of administrative law, ready to help others for a just cause action can be classified as an administrative action. Chapterâ…¢is codices redress on ready to help others for a just cause action,including civil remedies and administrative relief.Based on the character of supervise withut cause, The people ready to help others for a just cause can abtain compensation.Based on the character of administrative assistance,the people ready to help others for a just cause can abtain administrative compensation.But civil relief is the first one,when the people could not gain all the compensation or repair, the country will do executive compensation and become the last ensurence for these people to get the compensation.Chapterâ…£is on the legislative acts perfection of this ready to help others for a just cause action.The article pointed out the gaps and deficiencies in China's existing laws and regulations to pretect the legitimate interests of these people.And think the necessity and conditons of its existence to establish a unified national acts of Protecton Act on ready to help others for a just cause action, as well as the relevant legislative issues discussed,to play a unique legal function in society and better carry forward the noble character and spirits.