Brief Discussion On The Heroic Action Of The Legal Relief

On July31,2012,《Shandong province’s heroic rewards and protection regulations (draft)》 submitted to the provincial review, and decided formally implemented in December1,2012, marks the rewards and protection to the heroic in our province has made special laws and regulations. The regulations caused people to discuss the heroic rewards and protection. Heroic,find pleasure in helping others since ancient times is the traditional virtue of the Chinese nation.At all times and in all over the world, traditionally for respect and pursuit. Historically there have been many stories of self-sacrifice,heroic in today’s society deeds also frequently reported in the newspaper,the emergence of "the most beautiful mother"、"the most beautiful woman teacher"、"the most beautiful driver"is the best witness.However, in today’s society frequently appeared "unassisted"phenomenon,which is out of step with them.People in the choice for a behavior more is to consider whether to do so is conducive to yourself,the past Lei Feng phenomenon that selfless is gradually reduced,however, if blindly encourage or require heroic has no reality,because in real life,the phenomenon of "heroic bloodshed and tears"is constantly on.Although our country civil law, criminal law and administrative law to the heroic’s legitimate rights and interests protection,but in general,it is difficult to play a real protection to the heroic.If the rights of the heroic is hard to get ready,people in the implementation of heroic will have scruples,even fail to rescue.So the heroic’s rights protection has become the present needs to solve the problem.This article emphatically from the following several part analyzes the legal relief to the heroic:The first part:Around the historical development of the concept of heroic,involves the views of various scholars and the author’s point of view,to conduct the analysis of the constitution of heroic,to define what is the heroic,ensure each patients heroic behavior can be recognized.The second part:To conduct the legal attributes of heroic, which involves theory of non-cause mangagement,theory of contract,theory of justifiable defense or act of rescue,theory of prevent injurious act,character of behavior of administrative assistance,only to straighten out the attribute of heroic,a targeted legal provisions shall apply.The third part:The heroic because implementation’s heroic behavior leading to personal or property losses,the need to take some remedial measures to provide relief to the heroic.This article from the perspective of jurisprudence, economics, sociology angle analysis the implementation of relief,ready to come to the conclusion that the implementation of relief is very important.According to the law of heroic behavior relationship analysis and the principle of relief,focuses on analyzing act in their interests enjoyed by claims after damage, and only the heroic that knows what rights, in order to better safeguard their own lawful rights and interests.The fourth part:The first three parts to conduct the relief has carried on the thorough analysis,this section of our current laws and regulations to the provisions of the present situation and deficiency were analyzed, and the thought to enact a national unified legislation is particularly important,and proposed some suggestions to how to national legislation,to better protect the heroic rights and interests,Foundation for Justice and Courage and fund management.