Reach On System Of Legal Remedies Of The Acts Of Good Samaritan

In today's society, there are a lot of good Samaritan,in order to give those people a better protection and also for building a harmonious socialist society,we must use legislative means to give them protect.However, there is no unified legislation in our nation which cloud be used to protect the good Samaritan,so we must consider how to give them a better protection,we should develop a unified legislation or through other ways?First if we should let the nation provide compensation? Second though we have already used Civil Code of The People's Republic of China and Judicial interpretation about it to solve the problem,and also a lot of provinces have developed local laws,there are also social assistances,if we Integrate all these methods to be a relief system, we cloud give the good Samaritan a better protection.In addition to the introduction and the conclusion part of this paper there are five parts The first part, The difficulties faced by the good Samaritan through a number of cases to prove, after the courageous do good deeds their rights and interests can not be effectively protected. Why was such an outcome? First the good Samaritan exposed to moral constraints, so they have to'bear the pain and loss by themselves,second the concept of the acts of food Samaritan are not clear,that why some are considered as courageous while some are not,third there is no uniform legislation in our country which cloud be used to protect good Samaritan, so these people can not be effectively protected,four in the local laws of a lot of provinces,the protection of the good Samaritan are different because of there different status,five the scope of the State Compensation Act are so narrow, there is even no Criminal Compensation.The second part, Overview of the acts of good Samaritan. In this part we analysis the acts of good Samaritan s from moral and law angles we got the a conclusion that though courageous are usual moral concept their Interests should be considered We think that the good Samaritan are those who have no legal obligation and contractual obligation, but when national interests and the interests of others are in risk they will always give a hand to help. After defined the concept of the acts of good Samaritan we give a comparison between the acts of good Samaritan and justifiable defense and emergency hedge, then we got a conclusion that the key issues of them are different.At the end of this part we summarized the structure of the acts of good Samaritan, readers could read it from the paper,The third part, Civil law protection to the acts of good Samaritan, we have already protected the acts of good Samaritan by civil law, based on this,we made a detailed introduction of civil law protection.Using civil law to protect good Samaritan is the demand of public order and good, it's also the demand legal justice. Though we have already give the good Samaritan protection by civil law,it not enough,we suggest that protect the good Samaritan by using Gestio as the main way.The fourth part, State law protection to the acts of good Samaritan,in the part of Executive Compensation Act we introduced theoretical foundation and significance of protect good Samaritan by Executive Compensation Act, such as Public goods special sacrifice theory, equitable burden theory, Using Executive Compensation Act to protect the good Samaritan give an expression of philosophy that in our country our Constitution have been taken Protection of human rights as a very important task. In the part of Criminal Compensation we had given a introduce about the concept of Criminal Compensation,and the theoretical foundation of Criminal Compensation, and also the implementation measures of Criminal Compensation to the good Samaritan, readers may get it from the paper.The fifth part, we had given a vision of drafting a unified law that The Special Protection Law to the good Samaritan, and we also had given some ideas of the legislative bodies, content, and frame of this law.The innovation of the paper, before this paper there are some other papers about the protection of the good Samaritan, after reading them we found that the ways they promote to the protection are single,so in this paper we suggest that we should combine all kinds of ways together such as protecting the good Samaritan by using Gestio as the main way, using Executive Compensation Act and using Criminal Compensation. At last we suggest it is maybe better to draft a unified law that The Special Protection Law to the good Samaritan to protect the good Samaritan.