| As the traditional virtue of the Chinese nation,the righteous Courage has always been the lofty realm and moral standard pursued by people.In the great process of building socialism with Chinese characteristics,it is of great significance to carry forward the spirit of righteous Courage.However,in recent years,there are a lot of cases in the people who do boldly what is righteous suffer damage,because of the rescue,but they cannot be compensated.This is not only contrary to the basic concept of a harmonious society,but also easy to lead to the embarrassing situation of " the less hero existed ".How to protect the righteous courage has become a topic of social concern.The general principles of the civil law of the people's Republic of China implemented in 2017 shows the spirit of the times of humanistic care.Articles 183 and 184 are also known as the " Righteous Courage " clause,which fully embodies the legislators' advocacy of lofty moral character.At present,in the field of civil law,there are two main ways of relief for the victims of righteous acts.According to the no cause management system stipulated in Article 121 of the general principles of civil law,the right to claim compensation is obtained.According to the 183 rd provisions of the general principles of civil law and the twenty-third provision of the Tort Liability Act,the right to benefit compensation is obtained.Therefore,the implementation effect of the above system in law is of great significance for the realization of legislative purpose.Through case studies,witch judged according to articles 121 and 183 of the general principles of civil law and other relevant laws,we can know the effectiveness of civil compensation for righteous courage.Based on evidence-based law,empirical analysis,value analysis and other methods of application,we can master the characteristics and types of cases about righteous Courage in civil.Finally,some suggestions are put forward to solve the problems In addition to the introduction and conclusion,the main body of the paper is as follows:The first chapter: The summary of civil compensation of the righteous Courage.Starting from the legal status of courageous acts,this paper points out the dilemma of the determination of courageous acts,which is neither a special legal term nor a clear and unified expression.Although the local legislation has been defined,its effectiveness level is low and the recognition standards are different.Then,it tries to define what is courage for good,what are its constituent elements,and the relevance between it and non cause management.Finally,by combing the status quo of the system of righteous Courage in civil law,the scope of application of different ways of compensation is analyzed.The second chapter: Evidence-based evaluation of civil compensation for righteous Courage.Based on the Article 121 and 183 of the general principles of civil law,212 suitable cases are selected,and the quantitative analysis and typological research are carried out by using the data software.By summarizing the basic characteristics and typological characteristics of the cases,the current situation of civil compensation for righteous Courage is evaluated.The third chapter: Suggestions on the improvement of civil compensation for righteous courage.Through the analysis of the above results,the author puts forward accurate and perfect suggestions for various problems encountered in judicial practice.Through advocating and improving the relevant legislation,standardizing the judicial process,and improving the security system of righteous courage,we can safeguard the fundamental rights and interests of people who doing boldly what is righteous. |
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