On The Legal Prevention Of The Behavior Of The Trapped Person

In recent years,events that the rescuers was framed by beneficiary occurred frequently,which not only damaged the lawful rights and interests of the parties,but also impacted greatly the ethical and moral order of the society.order to prevent the occurrence of such incidents,and keep the whole society is just and fair,in this paper,from the legislative and judicial point of view,aimed at the level of the system and the application of law to prevent the beneficiary framed behavior.The first chapter of this article mainly analyzes the framed behavior of the rescuer,among them,the definition,nature and causes of the framed behavior are analyzed by enumerating examples.then,the paper expounds the influence of the framed act on the individual legal interest and the social moral order.The second chapter,the author lists the relevant laws,regulations,rules and regulations in China,which are related to the disciplinary action.At the same time,study on the problems in the case of judicial organs.finally,this paper analyzes the causes of the current legal regulation.In the third chapter,the author puts forward that China should unify the legislation,and demonstrates the necessity and feasibility of the legislation,it is a brief introduction to the relevant laws and regulations on punishment of framed acts abroad,from which we can find a place for reference(national legislation,the act of relief,punitive punishment),on the basis of this,the author puts forward the legislative thinking and the concrete content of the regulation.The fourth chapter puts forward that we should perfect our judicial practice at the same time,analysis from three aspects,First,strict burden of proof.Second,the correct application of the law of experience.Finally,pay attention to social effect.In order to realize the justice of judicial practice,and then to curb the behavior of those who were rescued.