Terms And Conditions Of The Hero To Understand And Apply

Warm without obligation of a natural person to others is the nature of civil rights and interests from damage and risk control behavior,is completely different from emergency actions,justifiable defense and negotiorum gestio,but independent of the concept of civil law,is a huge legal relationship system.Because to know not unified,and the law of overlap and blur,in judicial practice to the terms of the problems,the chaos.Handle good case,shall clarify the terms and conditions of the internal and external relations,as well as the relationship with the related concepts,accurate qualitative and quantitative.Understanding of the indemnity clause and applicable,shall be according to the distribution of different types of liability to pay compensation;Understanding of the terms of compensation and applicable,shall be detailed in equity factors and considerations.This article is divided into five parts,and put forward the judicial explanation suggested draft:The first part,embarks from the judicial judgment in our country,based on the judgment of sampling investigation,summarizes the status quo and problems of heroic terms applicable.Empirical research found that many problems: first,the applicable conditions of fuzzy leads to the confusion of with and without;Second,the legal norm overlap and difference leads to the confusion of law quoted;The third factor of unknown cause the scale contrast.The second part,using the qualitative analysis,analyze the nature of the hero,and the difference between the boundary to separate and self-defense,emergency hedge,discusses warm has essential difference with negotiorum gestio.The third part,using interpretation theory analysis,clarify the terms and conditions of the internal and external relations.Internal relations mainly refers to the provisions of the civil law regulation of several provisions of the relationship between hero,and the relationship between terms of compensation and compensation.External relations is mainly refers to good terms with the general conditions,the compensation and the justifiable defense clause and the relationship with inspect terms with inductrial injury.The fourth part,to typed analysis,mainly divides into the infringer behavior cause dangerous behavior of resultant force and the infringer and the beneficiary of two kinds of cause dangerous.According to the different types,the application of the indemnity clause is deduced.The fifth part,using the theory of equity,analyze the compensation terms and conditions of the horizontal level factors and scale,to balance the good person,the beneficiary and the interests of the infringer.Finally put forward in the advice about good applicable law,to guide the judicial practice.