The Legalization And Methods Of Rescue Obligation

In our society, it’s appeared that no one saves others when someone in bad situation.For example, “Little yueyue Incident ”has repeated. Recently, people are afraid of giving others hands, even being indifferent to others and ignoring others in danger. So this paper focus on this phenomenon, and put forward the legal solutions.The first chapter mainly lists several classic cases and gives the immediate cause of legalization of rescue obligation. On the one hand, we list many cases such as “Little yueyue” “old man case ” and analyses the reason why happened frequent. Then put forward the solutions. Some scholars put forward that it’s can be solved through moral propaganda, pressure of public opinion and national professional rescue teams. From the perspective of law, the writer think that the legalization of the rescue obligations can avoid the occurrence of such cases.On the other hand, we don’t have stipulations and provisions in civil law on assistance obligation. But we have ‘maritime law ’ the 174 th, “the people’s police law ”the 24 th, “the professional doctor law ”the 24 th, which regulate the assistance obligation by captain,the police and doctors. However, do the lovers have the rescue obligations? Do the travelers have the rescue obligations?The expansion will cause many law which will be so complicated. So the regulation of general obligations can suitable for lovers,travelers and so on.The second chapter analyzes the support and objection for general relief obligations, the author puts forward the support point of view. And give the solid legal foundation of general relief obligations.Some scholars believed that the rescue obligations belong to moral obligation, the law cannot forced others and infringe freedom of others. Also, China’s lack of rescue environment currently. Although the foreign countries set up relief obligations, but rarely used. The author thinks that some moral should be legalization for the sake of social harmony and good environment. People don’t save in our country,when they frequent see danger. Maybe, some good ones saved others after the rescue by blackmail, but our country still exists a lot of people want to save others. The function of law is not only for judicial, but also for guiding the social behavior. So general assistance obligation is not frequently used in the judicial practice, but still play a real role in our daily life.General relief obligations legalization has legal basis. Firstly, the right of life is above all else, and the absolute freedom does not exist. General relief obligations in accordance with the law of life value. Rescuers pay for part of freedom, so that others get life and health. It is helpful to the order of the society as a whole. Secondly, everyone is likely to encounter danger in the risk society, so mutual help is mutually beneficial and win-win. Thirdly, only moral legalization can fundamentally curb the moral absence of significant. Fourthly, general relief obligations is also consistent with the nature of altruism and carry forward the concept of human goodness. Fifthly, free people of the Marx’s theory is that Individual freedom and social freedom is the relationship between the unity of opposites. Personal freedom assign to social freedom to ensure the relative freedom of society. If the relife behavior is the assignment of the personal freedom to social association, then the social and personal freedom is unified.The third chapter puts forward the basic ideas of general relief obligations legalization. Before put forward the train of thought, the writer studied the foreign Good Samaritan law on general relief obligations of legislative mode and legal basis in our country at present.More than 20 countries already have Good Samaritan law in Europe, there are more than 10 states rules on the good Samaritan law in USA. So the rescue obligations into laws has become a trend. Liberity is supreme state in the United States, however, Kitty Genovese case, New Bedford case, Joey Levick case and other cases result in some American states beginning to regulate the good Samaritan laws. Ames’ s “drowning assumptions”, in particular, set the aid of certain conditions, making rescue obligations persuasive. And the civil law countries, Germany, France, Spain and other countries have different legislation models. Foreign good Samaritan law provides useful reference for our country to regulate the general relief obligations.The Qin dynasty and the Tang dynasty in our country have punished the one who see danger not save. At present,there are related law,such as "general principles of the civil law" the 93 th negotiorum gestio, article 109 to maintain the lawful rights and interests of the state, the collective or another person and their damage liability, tort law article 23 the good Samaritan. The above law specifies the rescuers can get proper compensation, however, it is a clear lack of rescuers’ other relevant rights, obligations and responsibilities. Therefore, it’s perfect that the tort law the provisions of article 23.Based on foreign Good Samaritan law and the legal basis for our country, puts forward the regulation of general relief obligations of legalization. Firstly, the rescuers have extensive range. Adults who are of dangerous situation have relief obligations, and the police, and other special professional doctors have the first order relief obligations, others have second order rescue obligations. Because it is difficult to determine how many people, you can take the technical means of modern science and technology. Secondly, the salvage obligation is easy and feasible, and will not harm rescuers themselves and third person. The specific judgment according to the principle of "reasonable man". Rescue is include the reporting obligations and simple relief obligations. Thirdly, the rescuers should be in the situation of life or major health risk. Fourthly, the rescuers keep the right of claim for compensation. Also, they have spiritual damage claim by false accusation. Fifthly, if the ones not rescue who shall bear tort liability. The responsibility should not be overweight. Rescuers’ improper relief will not be responsibility shall be investigated in the rescue process, unless it’s deliberately behavior. Damage caused by grossly negligence, they should bear the supplement responsibility.To sum up, compensate the provisions of article 23 of the "tort law", the specific content of general relief duties. Also at the same time, the compensation for the rescuers to give relief,etc.,fully guarantee the hero of the rights, obligations and responsibilities.