The Type Of Damage And Liability In Our Country In The Process Of Acting Bravely

There are some problems in the regulations of the system of “gallantly rising to the occasion” in the <General Principles of Civil Law>,such as the conflict between the articles and the mistake and omission of the elements of the specific articles.This not only makes the relevant articles fall into the dilemma of application,but also leads to the obvious imbalance of the rights and obligations of the parties.In addition,the academic research on the system itself only see a small piece of the whole,and each has its own opinions,this has caused confusion in the system of ?gallantly rising to the occasion?.In order to solve this problem,we should take the "interpretation theory" of the "legislation theory" as the foundation,and think out of the limitations of "interpretation",and make a unified interpretation and systematic sorting through the research on the types of the damage and liability of the agent in the system of “gallantly rising to the occasion”.Specifically,we should base the classification on the following research types: the person who gallantly rises to the occasion,the person who is rescued,the infringer and the third party type.Then,we should take the damage and liability of the agent as the key point to carry out the research,in order to build and improve a reasonable system of “gallantly rising to the occasion” under the framework of the <General Principles of Civil Law>.First of all,in terms of the liability for the damage on the agent who acted bravely for a justice cause,we should use the restrictive interpretation to divide the scope of application of Article 121 and Article 183 of the <General Principles of Civil Law>;on the assumption,we should limit the elements of Article 183 to the condition that the person rescued gained actual benefit.on the legal consequences,we should limit the scope of Article 121 "necessary expenses" to property damage and the scope of Article 183 to personal damage,respectively.For the property damage caused on the agent who acted bravely for a justice cause,regardless of whether it actually benefits,the rescued shall be liable;for the personal damage suffered by the agent who acted bravely,the rescued shall only be liable for compensation when the agent actually benefits.Secondly,in terms of the responsibility of the rescued,the scope of application of Article 184 of the general principles of civil law should be limited through the system interpretation and purpose interpretation,and the subjective intention and gross negligence should be regarded as the exception of the exemption of the liability of the brave agent.Finally,in terms of the liability of the infringer and the third party for the damage,the provisions of articles 181 and 182 of the general principles of civil law should be followed.If the infringer and the third party suffer from the damage due to the improper act of the brave doer,the brave doer should bear the corresponding responsibility of over defense or over avoidance.