On The Legal Research Of General Relief Obligations

Our country is experiencing the transition from "acquaintance society" to "stranger society" and "risk society”. Neglecting danger events in our life will help push the rescue obligations to the cusp, causing great concern. Because of the deficiency of the current legal system and the judicial practice standard, such problems can not be solved for a long time, even we can see the phenomenon of different codefendant. Of course, similar incidents have occurred in other countries, but the research of the two major legal systems on the issue of relief obligations is more in-depth. And in the legislation, there are provisions on the conditions of the rescue, the way of relief, and the responsibility for the relief, so it won’t be a big controversy. This article attempts to legalize the general relief obligations, construct a reasonable legislative model, provide solutions to the problem in real life.This paper consists of five parts. The first part mainly explores the causes of the phenomenon of failing to help, and analysis of the current situation of our society, points out that the legislation is practical, and the conditions are ripe. In the second part, the basic concepts and legal attributes of general relief obligations are sorted out. Try to find the answer to the difficulties in the legal process of general relief obligation in our country, and inquiry general relief obligation’s point. The third part is to discuss the legitimacy of the legal system of general relief duty. Starting from a dispute, and treating sociology of law and economics of law as the breakthrough point, demonstrating that if the general relief obligations can be established independently in tort law and became a guide to people’s behavior, it must be supported by a certain value concept. The fourth part revolves around the theory and legal precedent of the two major legal systems about the general relief duty, conduct a comparative study. In most countries of the continental law system, the duty of relief is established. However, due to the lack of protection of the rights of the rescuers, the legal effect is not obvious. The common law countries of the general duty to rescue has experienced the development process from "the exception that no duty to rescue rule", and gradually improve. The research of the foreign law to the rescue duty is worth learning for today’s China. The fifth part tries to put forward some suggestions on the legislative structure of general relief duty in our country. The patterns of general relief duty in our country are discussed, and the establishment in the tort law is in accordance with the national conditions of our country. The design of the construction of concrete system, mainly include the determination of the subject of obligation, the constitutive elements of general relief obligations, the content of relief obligations, breach of general relief obligations and the reasons for the responsibility of the defense. Finally, combined the two aspects of the relief obligations and rights protection to discuss how to better protect the rights and interests of the rescuers.