A Study On The Obligation Of Borrower 's Relief

With the transition to the stranger society, the development of material civilization is in sharp contrast to the indifference of not rescuing the people in danger. With moral rules to encourage the rescue of bystanders has been unable to alleviate the increasingly serious indifference phenomenon, the foreign legislation already has the created the rescue obligation of bystanders, academia has been questioned on the traditional concept and discussion and research on implementation assistance which is not danger for bystanders. But in our country, the legislation and judicial practice hasn’t recognized, face to the victims were in danger, if we ought to rescue? What kind of help we can do? And how to deal with the contradiction of rescuers and by rescuers is the legal problems to be solved.In order to clear the research object, this paper defines the concept and nature of the bystanders, try the legislation and practice about the duty to rescue the comparison in the two law systems provide reference for constructing the rescue obligation of bystanders in our country, and from the angle of jurisprudence, ethics and economics law,as our law of tort duty to rescue brings spectator theory support, the rescue of bystanders obligations should be put into the scope of the law of tort adjustment, enrich the theory of inaction tort theory, and advocated establish the rescuer protection system in order to allow spectators rescue duty system more in line with the practical needs.