On The Legal Protection Of The Brave Behavior Of Fighting For Justice In China

As one of the traditional Chinese virtues and an important part of socialist moral system,the behavior offighting bravely for upholding justice has been being praised widely. However, people who never hesitateto do right things are not treated as well as they deserve to,which hurts them both physically andemotionally. The unequal treatments are getting worse and worse,which has led to more and more people’sfrightening of doing such heroic things. Therefore, a crying of protecting this brave behavior by laws hascome out,and is strengthened by the well-known “Peng Yu Case”. No matter what the result of the casewould be, this kind of behavior has come into people’s sight as a legal concept. However,the legalprotection of the behavior is not perfect yet. This thesis makes a research on the behavior of of fightingbravely for upholding justice from three aspects,namely: introduction of the theory,status of legalprotection and relief mechanisms,based on which a conclusion and some proposals are given.The first part of this thesis is an analysis of the behavior of fighting bravely for upholding justice fromthe aspect of legal theories. The definition of this behavior is given as following based on a comparativestudy:It is a dangerous rescue behavior acted by a citizen in order to protect the legitimate rights andinterests of the state, the collective and the individual under the circumstances of no legal obligations.Based on this definition, the thesis elaborates the elements and legal attributes of this behavior,concludingthat its legal attributes is negotiorum gestio on the civil law,meanwhile it is also an act of administrativeassistance.The second part of this thesis first analyzes the legal regulations and other protecting rules about theprotection of the behavior of fighting bravely for upholding justice in our country. From this analysis,several defects existing in most of local legal documents about the behavior of fighting bravely forupholding justice have been discovered,namely: disunity of the recognition of the bravebehavior,unbalanced protection,impractical operation and incompletely solved problems. Though otherlegal protecting measures contain various aspects of this protection,problems still exist inthem,including:unclear procedures, lack of accountability mechanism, no connection between each otherand so on.Those defects of the legal regulations not only make it difficult for brave kind-hearted people to obtain the compensations for their loss,but also impede heavily the improvement of social spiritualappearance and national quality. However, reasons that caused those defects are many,including: theimperfect legislation, vast territory of our country,unbalanced development of different districts and so on.The third part of this thesis mainly introduces the legal relief mechanisms. It is far from what is needed tostandardize the management of the behavior of fighting bravely for upholding justice according to themanaging regulations of negotiorum gestio in practice,especially its defects in protecting the heroicbehavior, therefore,a theoretical thinking of legal protection mechanisms is a must. This thesis first makesan introduction of the doers’ compensation system in the traditional negotiorum gestio,and then gives somenew proposals on how to perfect the doers’ legal protection mechanisms,which include threeaspects,namely:the establishment and management of Foundation for encouraging the heroic behavior, thetimely supplement of national compensation and insurance company’s undertaking of those brave doers’risks.In conclusion, this thesis is written in a society where a compete legal mechanism of protecting thebehavior of fighting bravely for upholding justice is needed,and a good academic environment wherescholars publish their own theoretical research findings on that legal protection. By combining the specificpractical requirements and relative experience, this thesis proposes to establish a special unified legalprotection mechanism about that kind of behavior, so as to protect the doers’ legal rights and interests andencourage such kind of behaviors,thus setting up the harmonious socialist new trends.