On The Courageous Civil Protection

Samaritans courageous as a traditional virtue, people will often be evaluated from a moral point of view of its perpetrators. With the development of social progress and the rule of law, people began to pay attention from a legal point of courageous behavior. However, although many places have developed our courageous to protect the rules and regulations, but in the level of protection of fundamental legal courageous rarely been involved in, there is no uniform sound legal provisions, so that the personal rights and property rights of courageous often difficult to be effectively protected, and even has produced a courageous person to be responsible for rescuers, such compensation may seem paradoxical, this phenomenon cannot be an effective solution to a long-term, it will cause to the socialist spiritual civilization serious adverse effects, to the principles of fairness and justice will bring serious harm to the socialist rule of law. Only from the perspective of the civil law system analysis stage, civil courageous behavior of citizens and legal characterization is not clear absence of legal remedies way are two very prominent problem. So perfect law, protect the interests of courageous imperative. This article from the perspective of civil law courageous conduct a detailed analysis, and relevant laws overseas comparative study, noting that the existing gaps and shortcomings in national laws and regulations exist to protect the rights and interests of the courageous, which made the relatively Samaritan perfect protection advice, including the development of specialized Samaritan Protection Act, set up a special debt of courageous, courageous and set up a special protection agency.This paper consists of an introduction, body and conclusion of three parts.First introduction to the topic of this paper basic background and orientation are introduced to explain the courageous Civil Protection in China’s basic situation and basic problems of the country, in order to illustrate the significance of the topic of this paper.Text is divided into four parts:The first part is the definition of courageous civil law. The concept does not specify the nature of the problem and courageous for our laws, analysis and comparison of various theoretical perspectives domestic academic scholars as well as by the relevant legal provisions, courageous concept, nature and characteristics were more clearly defined.The second part is a courageous civil legal relationship, first through the perspective of the courageous acts of civil law are classified, so clearly the principal of equality that exists in a variety of courageous behavior, and thus for civil legal relations between them were analyzed to clarify the courageous powers and obligations between the parties.The third part is courageous civil legislation, starting with the provisions of civil protection for the courageous acts carried out on a general analysis, and then to the common law and civil law regulations were compared, thus expounded China’s civil law Samaritan some shortcomings on the protection that exists.The fourth part is a courageous civil protection for the perfect, first describes the theoretical basis for the protection and comprehensive and courageous Samaritan Civil Protection significance of socialist spiritual civilization and the construction of China’s legal system, and finally on the basis of comprehensive earlier made some specific recommendations to improve in order to contribute to the protection of our civil law Samaritan rights.Conclusion part is the full text contents of the summary and sublimation.