Research On The Issue Of Exempting Responsibility For Emergency Rescue Behavior

Emergency assistance is an excellent tradition of our Chinese nation and must continue to move forward.Article 184 of China’s "General Rules of Civil Law" clearly states that "if the victim suffers damage due to voluntary emergency rescue,the rescuer bears no civil liability." Disagreements arising from emergency relief come from life,but enforcing the provisions of the legal provisions is difficult in practice.For some elements of the legal provisions in the practical process,the interpretation of the law is still unclear.Through comparative analysis and systematic analysis of the legislative background,the original purpose of the relevant legislation,laws and regulations,I look for problems in this case,compare legislation and implement emergency assistance at home and abroad,explore the purpose and importance of legislation and study law enforcement.First,I think rescuers should be classified into ordinary and professional people,excluding close relatives who are forced to escape,and “exclusion” is limited to ordinary people without professional skills.In special circumstances,when a professional commits a major negligence in carrying out emergency assistance and causes harm to the recipient,he will be liable.Second,the rescuer must clearly state that the damage caused by the accident to the assisted person must be released from the subjective conditions.Therefore,the current French language should be based on exclusion,and add to the scope of the provision that liability should be clearly investigated.Third,there must be objective and rational standards for judging “urgency,” and judgment must be based on the savior’s perspective in combination with the case." Emergency" in emergency rescue refers to rescue in emergency circumstances.The legislative importance of emergency rescue behavior is to encourage lifeguard rescue behavior.When encouraging rescue,restrictions and restraints for the rescuer should be released.