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Research Courageous Civil Law

Posted on:2014-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:R J XuFull Text:PDF
GTID:2266330425956454Subject:Law
Abstract/Summary:PDF Full Text Request
Good Samaritans is a noble moral quality. But a series of events happened in recent years made good Samaritans covered with a shadow. Before, most evaluation to good Samaritans behavior are launched from the ideological and ethical perspective, seldomly analysis and research from the angle of law. In fact, moral evaluation is only praised from the spiritual level to good Samaritans,but this good Samaritans in the implementation process of the good Samaritans suffer injury to person or property without compensation. Therefore, this paper starts from the basic concept of good Samaritans, through the methods of empirical analysis method and comparative analysis to relief measures and the legal nature of good Samaritans, mainly in order to make up the insufficient protection to good Samaritans, so as to safeguard the legitimate rights and interests to good Samaritans. Through the improvement of the relevant legal system, to encourage more people to good Samaritans, so that not only helps to enhance people’s sense of social fairness and justice, but also can speed up the construction of socialist harmonious society and also has a very important positive role and practical significance.In addition to the introduction, this paper is divided into four parts:The first part is the overview to good Samaritans. This chapter is mainly from the comparison of the concept, legal attributes good Samaritans and related civil system, through empirical analysis method and comparative method, made a thorough analysis to good Samaritans, in order to understand good Samaritans more clearly.The second part is the basic theoretical and relief measures to good Samaritans person. Good Samaritans is not only the law of reflection of the principle of public order, good morals,the principle of equity and justice, reflect and requirements but also social ethics. Therefore, clearly the relief measures to good Samaritans, is very important to carry forward the spirit of good Samaritans. In this part, through the analysis of the theoretical basis and in combination with the reality of the case, from the civil law and other aspects of analysis to good Samaritans relief measures, make clear the importance of safeguarding the rights and interests of the good Samaritans. The third part good Samaritan person damage responsibility. This part of the undertaking of types of tort liability, analysis the tort liability rules such as the principle of the undertaker, good Samaritan in the implementation of the responsibility of the loss to good Samaritan, so conducive to clear the responsibility of the parties to good Samaritan, in dealing with related issues can better operation.The fourth part is to improve the maintenance of good Samaritan legal rights Through the improvement and suggestions to the related laws and regulations, to formulate the more legal norms and the appropriate protection good Samaritan,.Maintenance the rights of good Samaritan has a important theoretical and practical significance and it will be a promote to the moral spirit of noble.
Keywords/Search Tags:good Samaritan, tort liability, the legal relief
PDF Full Text Request
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