The Understanding And Application Of Article 184 Of The General Principles Of Civil Law

Article 184 of the general principles of civil law of our country establishes the exemption rule for emergency relief agents.Its purpose is to encourage good Samaritan and eliminate the worries of the brave.But in statement of article 184,it does not stipulate the exceptions to the major negligence in the implementation of the rescue.How to reconcile the conflicts of interests between the salvors and the recipients becomes a difficult problem for the judiciary.The voluntary act of a rescuer means that there is no statutory or contractual obligation,and the aid recipients are subjective.The extent of liability of the salvor shall be determined according to the degree of fault.It means that the salvor is liable for ordinary negligence,and reduce responsibility when gross negligence.When the voluntary emergency relief system is in conflict with the legitimate defense and emergency safety,the exemption rules for emergency assistance should be given priority on the basis of maximum protection of the salvors.For the "good Samaritan" behavior,article 184 of the general principles of civil law describes it as "emergency assistance".Some scholars believe that the legal relationship caused by emergency relief should be included in the management system.However,in the relevant laws and regulations of our country,there is no stipulation on the compensation of the recipients to the salvor.So the author thinks that negotiorum gestio system can not solve the problem of recipients to rescue people claims.The application of article 184 of the general principles of civil law was discussed.The question of whether the responsibility of the salvor should be differentiated should be reflected in the establishment of the exemption rules for emergency relief.When we turn our eyes to the good Samaritan law of Anglo-American law and the emergency management system of the civil law system.It is found that both of them contain the same objective premise.The existence of an emergency,and the responsibility of the guarantor or manager has been set up with the standard of subjective fault.The disclaimer of emergency relief in China is consistent with the premise of the two systems,and the social support functions are the same.Therefore,it is necessary to draw lessons from the experience of the extent of liability of the salvor.Because the rescue people in the implementation of the act of relief is often the victim's rights and interests in an urgent and dangerous situation,and the rescuer's attention is much lower than the average person,so,it needs to be inclined to protect it.In judicial practice,the action of emergency relief is often concurring with the norms of self-defense and emergency safety.The judiciary should fully consider the subjective state of the salvor's behavior,on the basis of the established voluntary emergency relief system,the principle of proportionality in public law can be cited to maximize the protection of salvors.