Research On The Companion’s Duty To Rescue

Indifference to companions in danger exists constantly in the modern society, but our country’s tort law has no corresponding countermeasures.The injured in distress is urgent for help from companions,but companions are negligent of taking reasonable measures even if there would be no dangerous for tnemselves.This is immoral.Companion is more closely relative to strangers, but relative to the existing special relationship is more looscly.lt is between strangers and special relationship.At present, there are many theoretical and practical obstacles to overturn our country pursues usually without assistance obligations requirements for general social members to undertake the obligation to help the people. But provisions of the special relationship’ duty to rasue in our existing law can’t solve the problem of judicial practice.Due to the need of judicial practice,thc theoretical basis of the basic moral legalization.utilitarianism, the theory of the free community theory, and the protect vulnerable theoretical,more important is to safeguard life safety peril, thought to attend some activities or through contact a relationship and common in a certain environment and negative relief obligations between partners.The duty to rescue in tort is a very complex system,but the companion’s duty to rescue is more complexer because of the characteristics of the subject.Seting up the companion’s duty to rescue to do the first is clear its applicable subject that is meet to participate in some activities or through contact together produced a relationship together in a certain environment.Second, friends to salvage obligation to meet certain conditions, including the existence of the peer relationship, face the danger of life or health, the other knows or should know that is in danger, the other fellow bailout behavior will not bring danger to themselves and the third personThird, whether companion assume tort liability or apply four elements, says is the specific content is different. Means responsibility is compensation for the rescuers accordingly.Finally, It should save rescuers responsibility of the damage done by rescuers or a third person when provide assistance due to reasonable reason.The law also should protect rescuers in the process of the implementation of the companion’s duty resure due to its reasonable personal or property losses.In setting up the minor companion’s duty to rescue assistance should be different due to their features such as age.The rescue standard is considering the age of minors and ability at the same time, also asked in a rather than normal people of similar age, intelligence, experience in a similar situation should be taken by the act.The salvor of the minor companion’s duty to resure is mainly for help, including cry for help.