Research On Tort Liability Caused By Emergency Rescue Behavior

The emergency assistance behavior refers to the general social individual’s requirements based on moral responsibility and the encouragement and advocacy of the law,so as to actively,voluntarily,and voluntarily help others to get rid of the urgent and dangerous behavior that they are currently suffering.The emergency assistance behavior is an act with moral attributes and civil law attributes.At the same time,the emergency assistance behavior is also a certain risky behavior.It will not only bring some danger to the emergency rescuer himself,but also may cause the emergency rescuer to perform an emergency relief behavior.Professionalism thus causes the recipient to suffer certain risks.The emergency rescuer does not have an obligation of emergency relief to the aided person.This is a prerequisite for the formation of an emergency rescue behavior and is also the core of the constitutional elements of the emergency relief behavior.The act of emergency assistance requires that the emergency rescuer must be a natural person,and that the emergency relief action is carried out when the danger is occurring.The emergency rescuer has altruistic meaning in the implementation of the emergency rescue action.The emergency relief action is implemented as a method.of.Article 184 of the "General Principles of Civil Law" stipulates that civil liability shall be suffered for the damage caused by the emergency assistance behavior.That is to say,the rescuer does not bear civil liability for the damage caused to the aided person due to the voluntary implementation of the emergency assistance behavior.This emergency rescuer’s liability exemption rule is referred to as "good people law" in our country.This article mainly deals with the tort liability for damage caused by emergency rescue behaviors,and studies the tort liability for damages caused by good intentions,general negligence,and gross negligence in emergency rescue actions,as well as tort liability for infringers and third parties.The study,at the same time,put forward his own opinions and viewpoints on the improvement of Article 184 of the "General Principles of Civil Law".I think that with regard to Article 184 of the "General Principles of the Civil Law",it should be improved in such a way that if an act of emergency assistance causes damage to an aided person,the rescuer does not bear civil liability except for gross negligence and results in serious damage.