| Good Samaritan act, as a Chinese traditional virtue, is an act worth encouragement and praise. A good Samaritan who helps people in need or devotes himself for others is a model or hero with kindness and virtue. However, good Samaritan act becomes the focus since its mixed elements of moral and law and this topic is still hot even after a serious of discussion in law, considering the results and subsequent actions led by good Samaritan act. In terms of law, Good Samaritan act could be considered as pure friendship if it’s not involved in any damage and fees, without any regulation. This style also meets Chinese traditional view of good deed doesn’t need pays. While, Good Samaritan act with its high risk usually refers to some subsequent problems and law issues, which requires Chinese law set regulations about it, in order to protect the Good Samaritan and victim and contribute to the social balance.However, Chinese laws about Good Samaritan act is in its embarrassed situation. Words about Good Samaritan act appear a lot in different resources. Unluckily, there isn’t any national definition in legislation. Current definition about Good Samaritan act accords to the no.109 rules of general principles of civil law, no.142 rules of the views of general people, no.15 rules of explanation of personal injury, and no.23 rules of the tort law. Though this relief system make a general division about infringer, unknown infringer and no infringers, there are some problems about vague practice, unclear responsibility and so on. These problems make the division and identification of case operation and compensation responsibility tougher and tougher.Therefore, writer tries to, from the perspective of civil law, do a deep research about compensation and responsibility of Good Samaritan act. In this article, writer use the textual analysis, regulation explanation and comparative analysis to explain the definition, law relation and so on, in order to make the compensation responsibility clear.The first part briefly introduces the definition and several parts consist of Good Samaritan act. According to the no.109 rules of general principles of civil law, no.142 rules of the views of general people, no.15 rules of explanation of personal injury, and no.23 rules of the tort law, and the local regulations about Good Samaritan act, writer gets a basic understanding of the definition and make a further explanation the main body of Good Samaritan act. Tough local laws have different definition about Good Samaritan act because of their own reasons, writer still try to make a broad analysis and conclusion based on the civil law and.The second part mainly explains the character of Good Samaritan act and different theories. Through the analysis of theories of no reasons management, prevention of prejudicial act, justifiable defense, contract, and comprehensive system, writer agrees with the comprehensive theory and admits the diversity of Good Samaritan act. Writer believes we need to make specific analysis on specific problems on the diversity of Good Samaritan act. In the daily practice of regulation about Good Samaritan act, we could conclude it in the no reasons management, justifiable defense and so on. It would simplifies the laws in some degree. It’s a little bit tough for Chinese current situation required by Comprehensive theory. So we have to make further judgment based on practice about how to use the comprehensive theory.The third part is the core of the article. In this part, writer firstly analysis the law relation in Good Samaritan act, which separate the Good Samaritan act with or without the infringer. We try to clear the legislative relation between Good Samaritan, infringer, and beneficiary. After clearing the relation, writer divide the compensation responsibility problem into tow parts, compensation for damaged Good Samaritan and damage caused by Good Samaritan. Based on the previous analysis of law relation, writer make details about different parties in Good Samaritan act and their related compensation responsibility problem. Meanwhile, writer also do further research on the condition that infringer escape or can’t afford the compensation, or the damage caused by Good Samaritan when doing good deed and compensation responsibility problem for beneficiary. These researches try to get through the practical and theoretical confusion.The forth part introduces the current laws and regulation of compensation responsibility problems burdened by Good Samaritan act. Nowadays definition of Good Samaritan act in China appears in different laws and regulations, apart from general principles of civil law, views of general people, explanation of personal injury, and the tort law. In the real case, it also refers to the no reasons management, emergency action and justifiable defense. However, what we have to focus is that despite the enormous regulation of Good Samaritan act, there still some problems such as unclear definition, vague implication, unknown burdens and suitability of no reasons management.The fifth part is the last part. In this part, through the previous analysis the civil and legislative aspects of Good Samaritan act and Chinese current condition and existed problems, we come up with suggestions for dealing with no reasons management and minimize obligation of Good Samaritan act and build a multiplex relief system.By discussion of character of Good Samaritan act, legislative relation, and compensation responsibility, we would find that, though there are enormous laws and regulations, disagreement about character and compensation responsibility still exists. It’s significant in theoretical and practical way that we need to do research on civil compensation responsibility in Good Samaritan act. This article starts from the reality problem of civil compensation responsibility, with analysis of law theory, and accords with worldwide related laws about Good Samaritan act and Chinese current reality. Writer offers definition, character, loss assessment and obligation burden of Good Samaritan act and concludes that it’s necessary to cope with Good Samaritan act and no reasons management and build a multiplex relief system. |
