The Reconstruction Of Negotiorum Gestio On The Background Of Civil Code Codification

Negotiorum gestio,as a legal institution with profound moral connotation,but it has encountered difficulties and dilemmas in our country.The relevant legislation of negotiorum gestio and theoretical research are flawed and underemphasized;with the frequent moral crisis in society,the phenomenon of"good Samaritans"from being sued emerges in endlessly and other factors,resulting in the reduction of negotiorum gestio behaviors.To solve the above-mentioned predicament,under the background of compiling the civil code,reconstructing the negotiorum gestio has become the best choice for reviving its vitality of system value and function.Combined with the reality of our country,the theory of building a community of common destiny in the nineteenth report provides the basis for the continued existence of the negotiorum gestio system.Negotiorum gestio can still play the role of encouraging people to help each other,adjust the balance of rights and interests of all parties in our society.In response to the inconsistency of the law application and the inconsistency of cognitive standard presented in a series of judicial cases of negotiorum gestio.Reconstructing the negotiorum gestio is believed as the key point to solve these problems.Under this line of thought,firstly,the types of negotiorum gestio should be rationally constructed,such as the distinction between general and emergency negotiorum gestio;Secondly,negotiorum gestio is regarded as one of quasi-contract.This is a more reasonable choice at present;Finally,in the legislative content,administrator obligations of different standards should be added,the exemption of the administrator’s liability and the administrator’s right to request should be clarified.Through the above study,it is possible to promote the development of the future negotiorum gestio,the realization of its institutional value and the application of judicial practice.